Vermont Legislature SmartTranscripts:

[Senator Ann Cummings (Washington District)]: So now that's what I'm looking for. But I'm excited. I think I'm gonna go to my first farm.

[Lt. Governor David Zuckerman (President of the Senate)]: Will the senate please come to order? Our devotional exercises will be conducted by the reverend Peter Plagge of Waterbury Congregational Church. Welcome. This microphone is strictly for the live stream so you don't have to speak up. Good

[Rev. Peter Plagge (Waterbury Congregational Church)]: afternoon, senators.

[Senator Andrew Perchlik (Washington District)]: Good afternoon. Afternoon.

[Rev. Peter Plagge (Waterbury Congregational Church)]: Past Monday, the nation, and I trust you, paused for a moment to remember and honor the reverend doctor Martin Luther King Junior. It is easy, and I enjoy doing it every year, celebrating the dreamer, reading from his most famous speech all of those eloquent words. It is harder, but maybe more necessary, to grapple with king the prophet. The prophet does not merely call for kindness or inspiration. The prophet looks at the systems we build and then asks the hard question, are they just? Doctor King knew that true compassion is not a sentimental act, it is a structural one. It is not satisfied with charity alone, it demands justice. In a speech delivered one year to the day before his death, he offered these words, and I invite you to hear them now, not as an artifact of history, but as a living challenge to all of us who would hold public trust. He said, true compassion is more than flinging a coin to a beggar. It is not haphazard and superficial. It comes to see that an edifice which produces beggars needs restructuring. A true revolution of values will soon look uneasily on the glaring contrast of poverty and wealth. A true revolution of values will lay hands on the world order and say of war, this way of settling differences is not just. A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death. These are demanding words. They ask of us to closely examine the edifices that we exist in and look upon. You, as members of this body, are the examiners and architects of the various edifices of our society. You debate budgets. You design programs. You structure the laws that will either reinforce old walls or open new doors. The righteous indignation King speaks of is not the anger of partisans. It is the clear eyed, world shaping anger that arises from love. It is the response of a conscience that knows the moral imperative knows that the moral imperative arises not from a distant ruler, but the very ground of our being. Love that calls us to see the world as it is and then to build the world as it ought to be. The work of justice is, in this sense, the most foundational work and as such, the most important work. Grace and peace to you in it and blessings in your work. And thank you.

[Lt. Governor David Zuckerman (President of the Senate)]: Are there any announcements? Seeing none, we have a senate resolution. We have joint senate resolution to take up at this time, j r s 37. In solidarity with the national and international ski organizations and numerous skiers across the globe, the introduction of a long overdue gender equality in Nordic combined Olympic competition offered by senators Morley and Baruth. Listen to the first reading by title only.

[John H. Bloomer, Jr. (Secretary of the Senate)]: JRS 37, joint resolution supporting in solidarity with national and international ski organizations and numerous skiers across the globe, the introduction of long overdue gender equality in Nordic combined Olympic competition.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the reading of the resolution. The chair in its discretion will treat the resolution as a bill and refer it to the committee on economic develop. We now have senate bills for introduction. An act, s two seventy eight, an act relating to cannabis introduced by senator Ram Hinsdale and others. Listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two seventy eight, an act relating to cannabis.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, and it's referred to the committee on economic development. S two seventy nine, an act relating to caterers licenses. Sorry. My eyes are not perfect today. And the distribution of malt beverages by licensed manufacturers introduced by senator Ram Hinsdale and others.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two seventy nine, an act relating to caterers licenses and the distribution of malt beverages by licensed manufacturers.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill and it is referred to the committee on economic development. S two eighty, an act relating to an increased education property tax rate for certain residential properties introduced by senator Gulick and others. Please listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty, an act relating to an increased education property tax rate for certain residential properties.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, and it is referred to the committee on finance. S two eighty one, an act relating to zero carbon nuclear feasibility study for Vermont, introduced by senator Weeks and others. Listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty one, an act relating to the zero carbon nuclear feasibility study for Vermont.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill and it is referred to the committee on natural resources and energy. And, s two eighty two, an act relating to increasing taxes on higher income earners and creating the school construction aid special fund introduced by senator Vyhovsky and others. Listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: That's two eighty two. An act relating to increasing taxes on higher income earners and creating the school construction aid special fund.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, and it's referred to the committee on finance. S two eighty three, an act relating to school districts pursuing school construction projects during the moratorium on state aid, Introduced by senator Clarkson and others. Listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty three, an act relating to school districts pursuing school construction project during the moratorium on state aid.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill and it is referred to the committee on education. S two eighty four an act relating to possessing and dispensing regulated drugs introduced by senator Vyhovsky. Listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty four, an act relating to possessing and dispensing regulated drugs.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill and it is referred to the committee on judiciary. S two eighty five, an act relating to the adoption of policies to allow Vermont state police officers and correctional officers to wear religious head coverings introduced by senator Vyhovsky Vyhovsky. Sorry. And senator Gulick. Please listen to the first reading.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty five, an act relating to the adoption of policies to allow Vermont state police officers and correctional officers to wear religious head coverings.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill and it is referred to the committee on judiciary. S two eighty six, an act relating to meals and rooms tax surcharge for school construction aid introduced by senators Gulick and Vyhovsky. Please listen to the first reading of the bill.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty six, an act relating to a meals in rooms tax surcharge for school construction aid.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, it's referred to the committee on finance. As to 87, an act relating to studying the construction of a self funding limited access highway replacing Route 22 A and linking Burlington, Virgins, Middlebury, and Rutland to Interstate 87, introduced by senator Weeks and others listen to the first reading of the bill.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty seven, an act relating to studying the construction of a self funding limited access highway replacing Route 22 A and linking Burlington, Virgins, Middlebury, and Rutland to Interstate 87.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, and it is referred to the committee on transportation. S two eighty eight, an act relating to hunting or fishing license fees for nonresident students enrolled in Vermont schools introduced by senator Benning. Listen to the first reading of the bill.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty eight, an act relating to hunting or fishing license fees for nonresident students enrolled in Vermont schools.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, and it is referred to the committee on natural resources and energy. S two eighty nine, an act relating to reimbursing the Department of Fish and Wildlife for lost license fee revenue introduced by senator Brennan. Listen to the first reading of the bill.

[John H. Bloomer, Jr. (Secretary of the Senate)]: S two eighty nine, an act relating to reimbursing the Department of Fish and Wildlife for lost license fee revenue.

[Lt. Governor David Zuckerman (President of the Senate)]: Now you've heard the first reading of the bill, and it is referred to the committee on natural resources and energy. We now have a house bill for reference. We have h six forty nine, an act relating to captive insurance companies introduced by representative, Grand Isle and others. It passed the house. I might have to dig the glasses out for that one. I cannot see that date. Who wrote that? 01/16/2026. Please listen to the first reading of the bill.

[John H. Bloomer, Jr. (Secretary of the Senate)]: H six forty nine, an act relating to captive insurance companies.

[Lt. Governor David Zuckerman (President of the Senate)]: Now the bill has been read a first time, and it is referred to the committee on finance. Orders of the day. Find out where I am here. It's 20. Is that okay. The house passed the bill s 23 in concurrence with proposal of amendment. The text of the house proposal of amendment can be found in today's calendar on page 22. The bill was then recommitted to the Committee on Government Operations, which reports the senate ought to concur in the house proposal of amendment with further proposal of amendment. There too, the senator from Rutland District, senator Caledonia, will speak to the committee proposal of amendment, which can be found in today's calendar on page 26. The question is, shall the senate concur in the house proposal of amendment with further proposal of amendment. Senator from Rutland.

[Senator Brian Collamore (Rutland District)]: Thank you, mister president. I have an extra pair of glasses if you have any.

[Lt. Governor David Zuckerman (President of the Senate)]: I may need them, senator. Thank you.

[Senator Brian Collamore (Rutland District)]: So for everyone, but I believe two members of this body, even though the recollections may not be as sharp as one point because it was a while ago, we did pass this in the senate last year before crossover, as a matter of fact. And the house passed a proposal amendment at the very end of the session and made several changes to the senate version. I liken it to getting the ball in football game on the two yard line and not being able to get it across because we simply ran out of time in the veto session last June for that bill and the changes therein to be messaged back to this body. So it sat there all summer, and in fact, our senate government operations committee took testimony this year on that. So I thought with that in mind and for the edification of our two new senators, I'll very quickly go through what s 23 does. It's a bill that regulates the use of synthetic media, commonly known as deep fakes in election ads. Both chambers passed versions of the bill that would require these deep fake election ads to include a disclosure indicating that the media was intentionally manipulated using digital technology. So the house came back with a proposal of amendment. It was a strike all, as a matter of fact. And so I'll go section by section what they changed. Section two zero three one defines two terms, deceptive and fraudulent synthetic media is defined as media that appears to a reasonable person to be an authentic recording of a political candidate saying or doing something that injures the reputation of that candidate or that attempts to unduly influence the outcome of an election. Synthetic media is defined as an image, audio recording, or a video recording of a political candidate's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence without the consent of the candidate. Section two zero three two sets forth the disclosure required when publishing a synthetic media message within ninety days of an election. A disclosure is required when a person publishes or distributes synthetic media about a candidate that he or she knows was deceptive and fraudulent within ninety days of when that candidate will appear on the ballot for an election. The disclosure has to read, quote, this media has been created or intentionally manipulated by digital technology or artificial intelligence. If the media is an image or a video, the disclosure must be in a size that's easily readable by the average viewer. For audio recordings, the disclosure must be read in a pitch and pace that can be easily heard by the average listener. Next, the bill provides a few exemptions on the bill. Radio, television broadcasting stations, websites, streaming platforms, mobile apps that broadcast these deceptive and fraudulent synthetic media are exempt from the bill's requirements if they acknowledge through their own disclosures that there are questions about the authenticity of the media if they are paid to broadcast the media or if they're required by federal law to broadcast the ads. A website, newspaper, or magazine is exempt if the publication clearly states that the deceptive and fraudulent synthetic media does not accurately represent the speech or conduct of the represented individual. A person that produces or distributes the synthetic media, constituting parody is also exempt from the bill as our cell phone companies, Internet service providers, and websites that allow, users to post content on the site. And then section twenty thirty three sets forth penalties. These are all civil. It's a fine if you are engaged in this and you don't let people know, basically. Section twenty forty one of the bill has the ability of the state's attorney or attorney general to institute an appropriate action for violations of chapter 25 of title 17, which is the chapter that the bill is categorized under. And finally, section twenty forty two gives authority to the attorney general and any state's attorney to conduct civil investigations for alleged violations of this chapter that relate to offenses against the purity of elections. This all came about, and I think many people in the body will remember, it was in New Hampshire, as I recall. There was a video ad of what purported to be president Biden, or maybe it was vice I I think it was president Biden at the time, and gave the incorrect date and time of the election in New Hampshire. And it was clearly meant to confuse voters, and that's why this all began. So far, 26 states have enacted similar legislation. There has been one challenge so far in California. That challenge was upheld, and there's a existing injunction against that now. So with all that as sort of a prelude, here is a summary of the report of a further proposal of an amendment from the senate government operations committee. There's just two changes. The first instance would change the definitions of deceptive and fraudulent synthetic media and synthetic media to include more ads in the disclosure requirements. The new definition, would require a deepfake ad depicting any individual, not just a political candidate, to include a disclosure. And I can give you a couple examples if people are interested in what that is. It also clarifies that the ad that attempts to influence an election by providing materially false information would be included in the disclosure requirement. The new definition replaces political candidate with individual to match the updated definition of deceptive and fraudulent synthetic media. It also removes the exemption of a political candidate consenting consenting to be depicted in a, manipulated ad. So for instance, in the house version, you have to be a political candidate depicted in the ad in order for this to kick in. If Arnold Schwarzenegger, who's not a political candidate, were to endorse one of the senators in this body and say, I think that gentleman or lady is great and you should vote, that would not well, that would be included in our version of the bill because we go beyond just political candidates to any individual. There's also provision here now for a public, issue campaign if someone got on and said that the budget of x municipality was a horrible idea and should be defeated, that goes beyond the political candidate, but that also would come into compliance here. So that's the first change. The change from political candidate, it widens the definition, it expands it to any individual. The second change is the accessibility of the actual disclosure. Our amendment would propose that the disclosure be made inclusive to the greatest extent possible to people with disabilities. That one I think is a lot less controversial. We're just trying to include as many people as we can in in this, situation. So that is what I have to report. The committee vote was five zero zero, and we asked this body to concur with the senate further proposal of amendment. Thank you, mister president.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator Caledonia, on behalf of the committee on government operations, recommends that the senate concur in the house proposal of amendment with further proposal of amendment. Are you ready for the question? Senator from Chittenden.

[Senator Thomas Chittenden (Chittenden District)]: Thank you, mister president. And I wanna thank the, committee on taking up this bill. I apologize to the reporter of the bill. I may have asked this question last session, but if I did, I don't remember the answer. I'm gonna ask you again. Okay. I'm wondering if the committee

[Lt. Governor David Zuckerman (President of the Senate)]: Senator, would you like to interrogate the senator from Rutland?

[Senator Thomas Chittenden (Chittenden District)]: I would like to interrogate.

[Senator Brian Collamore (Rutland District)]: I'm a

[Lt. Governor David Zuckerman (President of the Senate)]: little nervous. From Rutland is interrogated.

[Senator Thomas Chittenden (Chittenden District)]: To interrogate the presenter of the bill. Did the committee consider just banning deep fakes? And if they did and they decided against it, I'm just wondering why. I'm also curious, with all those states that have taken up similar legislation, are any of those bans? And wondering how that's going for them.

[Senator Brian Collamore (Rutland District)]: I thank thanks, senator, for the question. And, yes, I do recall that question from last year. And there were some members of the committee, think, that felt very stridently that that was an avenue that could be open to us is to, in fact, just ban it completely. I believe of the 26 states that I mentioned, there are only two, Texas and Minnesota, that have banned it. There have not been any challenges to that yet, but as is true with any First Amendment issue, you weigh all the evidence that you can and I think arrive at a point where you are putting yourself in a less likely position to be challenged if you carefully tailor the language and don't have an outright ban. So that's why we did what we did with the amendment and in fact with the bill last year.

[Senator Thomas Chittenden (Chittenden District)]: Okay I like disclosures, but I find that if you're not looking for them sometimes you don't see them. So, I thank the reporter of the bill and thank you, mister president.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator from Chittenden.

[Senator Philip Baruth (President Pro Tempore, Chittenden District)]: If I might ask a question of the presenter.

[Lt. Governor David Zuckerman (President of the Senate)]: The presenter is interrogated.

[Senator Philip Baruth (President Pro Tempore, Chittenden District)]: I thank the chair of the committee. I'm looking on today's calendar page 22 and I'm understanding that this disclosure is accepted by the committee since it's not part of the further amendment. Is that correct, mister Christie?

[Senator Brian Collamore (Rutland District)]: Thanks for the question. Yes. That's true. The only two changes we made are included in our proposal of further proposal amendment. Okay.

[Senator Philip Baruth (President Pro Tempore, Chittenden District)]: So I'm I'm looking at the disclosure itself. And it says this media has been created or intentionally manipulated by digital technology or artificial intelligence. So I may be just reading the language too broadly but I'm trying to think of a campaign commercial that would not be created with digital technology. So this, if I understand what the bill is doing one would need to use this disclosure in the event that either the media has been created by digital technology or intentionally manipulated but I'm trying to think of an example of media for broadcast that would not be digitally created in other words and I'm wondering if the senator can give me a little more clarity on how that disclosure works.

[Senator Brian Collamore (Rutland District)]: Thank you, mister president. I guess I'm focused in the on the word manipulated. Yep. And in both cases, that would be true, whether it's digitally altered or by artificial intelligence. So if the original ad if, for instance, the senator from Chittenden recorded an ad or, whether it's a video or a a radio ad and just put it on the air and left it that way, that would not have been manipulated in any way. This takes into account an outside third party taking what was original and changing it.

[Senator Philip Baruth (President Pro Tempore, Chittenden District)]: And I thank the senator for that. I'm I'm focused on the oars there. There are two oars in the sentence. So it seems to me that it would cover, media that has been created by digital technology but not manipulated by digital technology. So I'm trying to imagine if even if you took a clip from this moment for a campaign ad you would alter that digitally before it's broadcast you would maybe put a identifier underneath you would add digital sound other things So I'm wondering, if if I'm reading it correctly, it seems like almost anything would need to have this disclaimer, not just manipulated, video.

[Senator Brian Collamore (Rutland District)]: Well, mister president, I I will request just a brief, time out to consult with the attorney, but from what I'm remembering, this was something that we've already passed. Yeah. So maybe we just didn't get to this stage in the, interrogation earlier.

[Lt. Governor David Zuckerman (President of the Senate)]: So would you like a brief recess? We'll take a brief recess. Will the senate please come to order? Senator from Chittenden.

[Senator Philip Baruth (President Pro Tempore, Chittenden District)]: Thank you, mister president, and thank you to the senate secretary and his staff. You should have on your desks a motion. I am moving to amend the proposal of amendment of the Committee on Government Operations by adding a third instance of amendment to read as follows in the house proposal of amendment by striking in section one two zero three two a and the last sentence by deleting the words created or and that would focus that sentence exclusively on intentional negligence. Thank you, mister president.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator from Chittenden is moved to amend the proposal of amendment of the committee on government operations adding a third instance of amendment to read as follows. In the house proposal of amendment by striking in section one subsection twenty thirty two a in the last sentence by deleting the words created or are you ready for the question? If senator from Washington.

[Senator Andrew Perchlik (Washington District)]: Thank you, mister president. I just wanna point out that I support that, but I think you're the reason that the creative was in there, because if you're creating an image with artificial intelligence, that's different than manipulating it. So it seems like your disclosure wouldn't include somebody just creating having AI create a project and deceptive image. It wouldn't be accurate, but I think it still meets the case. There's going to be some disclosure. I would rather disclosure say that it was deceptive and fraudulent because this you can say I knew it was deceptive and fraudulent. I disclosed it to say it was manipulated. I think that's a weakness of this, but I still support the amendment and the underlying bill because it's movement in

[Rev. Peter Plagge (Waterbury Congregational Church)]: the right direction.

[Lt. Governor David Zuckerman (President of the Senate)]: Are there any further questions? Are you ready for the question? If so, all in favor, aye. Aye. All opposed, nay. Nay. The ayes appear to have it. The ayes do have it. Motion carries. The question now is, shall the senate concur in the house proposal of amendment with further proposal of amendment as amended? Are you ready for the question? If so, all in favor, aye. Aye. All opposed, nay. The ayes have it. The motion carries. We now take up j r s 35, which was placed on the calendar for action today. This resolution has been read already and is set forth in yesterday's journal, is before you. The question is, shall the senate adopt the joint resolution on its part? Are you ready for the question? If so, all in favor, say aye. Aye. All opposed, nay. The ayes have it, and we have adopted the resolution. We now take up JRS 36, which was placed on the calendar for action today. The resolution has been read already and is set forth in yesterday's journal, which is before you. The question is, shall the senate adopt the joint resolution on its part? Are you ready for the question? If so, all in favor, aye. Aye. All opposed, nay. Motion carries. We've adopted the resolution. That completes the orders of the day. Senator from Chittenden.

[Senator Philip Baruth (President Pro Tempore, Chittenden District)]: Thank you, mister president. Pending announcements, I move that the senate adjourn until 1PM Thursday, 01/22/2026.

[Lt. Governor David Zuckerman (President of the Senate)]: Are there any announcements? Senator from Windsor.

[Senator Becca White (Windsor District)]: The Climate Solutions Caucus will be meeting tomorrow at 12PM. We will have free pizza, and we will be discussing the common agenda, which is the collective package from environmentalist groups across the state. So if you're interested in that topic or you want free pizza tomorrow, Room 10 at 12PM.

[Lt. Governor David Zuckerman (President of the Senate)]: Are there further announcements? Senator from Washington.

[Senator Ann Cummings (Washington District)]: Thank you, mister president. Senate finance will meet as soon as we can get down to the committee room. I believe we have the captive insurance people waiting to greet us, and I would encourage you to come.

[John H. Bloomer, Jr. (Secretary of the Senate)]: They're the only people

[Senator Ann Cummings (Washington District)]: that are gonna love you this year.

[Lt. Governor David Zuckerman (President of the Senate)]: You're you're holding them captive, senator.

[Senator Becca White (Windsor District)]: Yes.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator from Washington. Thank you,

[Senator Andrew Perchlik (Washington District)]: mister president. Our witnesses are also captive in the senate appropriations, so we'll be meeting in the fall together.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator from Rutland.

[Senator Brian Collamore (Rutland District)]: Thank you, mister president. Senate government operations will meet at 02:00.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator from Windham.

[Senator Wendy Harrison (Windham District)]: Thank you, mister president. Senate institutions will meet. We are we will be joining the House Committee of Energy and Technology, and the, hearing has begun in Room 10. So our folks are also captive, and I'd appreciate you heading down that way immediately after this. Thank you.

[Lt. Governor David Zuckerman (President of the Senate)]: Senator from Windsor.

[Senator Alison Clarkson (Windsor District)]: Good afternoon, everybody. I wanna capture you at 07:30 for Farmers Night, our kickoff of Farmers Night. It's a great season. You can all have a poster for your rooms if you'd like. We have a terrific and I wanna just mention tonight is the kickoff with Bob Wagner who's a terrific songwriter. He's a an excellent guitarist. He does vocals and and songwriting, and he's bringing a bunch of his really super performers that he performs with. Incredibly talented will be joining him. His versatility shines where he seamlessly blends blues, folk, rock, soul, and improv. So take a break from your work. It's hard work, and we all deserve a break. And I just wanna put on your calendar for next week. We're doing kind of a moth evening of storytelling, all focused on our forest parks and recs experience here in Vermont. So if you think you know all the stories our woods have to offer, you are wrong. And you need to come and join us next Wednesday at 07:30 thirty to hear some of these amazing stories, which have come up through from our woods.

[Lt. Governor David Zuckerman (President of the Senate)]: Are there further announcements? Seeing none, a senator from Chittenden has moved that the senate stand in adjournment until 1PM, Thursday, 01/22/2026. Are you ready for the question? If so, all in favor say aye. Aye. All opposed, nay. The ayes have it. We'll stand in adjournment until 1PM, Thursday, 01/22/2026.