Vermont Legislature SmartTranscripts:

[Senator Philip Baruth, President Pro Tempore]: Alright. Please come to order. In lieu of a devotional, we'll take a moment of silence. Thank you. Are there any announcements? Senator from Essex.

[Senator Russ Ingalls]: Mister president, apparent on the notice calendar for notice today, move s three twenty three, an act relating to miscellaneous agricultural subjects be recommitted to the committee of agriculture. Thank you, mister president.

[Senator Philip Baruth, President Pro Tempore]: The senator from Essex has moved that s three twenty three, an act relating to miscellaneous agricultural subjects be recommitted to the committee on agriculture. Are you ready for the question? If so, all in favor say aye. Aye. All opposed nay. The ayes have it. Motion carries. We now have senate bills. What do we have? Oh, I should have asked if there were any more announcements. Are there any other announcements? Seeing none. This is. Okay. We have on the notice calendar for Senate referral Senate bill s one sixty one being on the calendar for notice and affecting the revenues of the state under rule 31 is referred to the committee on finance. Senate bill s three twenty three. Whoop. We gotta we gotta got it. That's one. We have for introduction s three twenty four, an act relating to legislative operations and government accountability. Listen to the first reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: S three twenty four, an act relating to legislative operations and government accountability.

[Senator Philip Baruth, President Pro Tempore]: Now you've heard the first reading of the bill. It's referred to the committee on government operations. Alright. Let's see. Oh, that. So I guess I got it wrong in my so three twenty three, we didn't do one sixty one. Okay. I got you. Now we're voting committee bills for introduction. I got it right here.

[Senator Thomas Chittenden]: Okay. Okay.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read the first time and pursuant to rule 48 is placed on the calendar for notice on the next succeeding day. We now have s three twenty five an act relating to studying the creation of model bylaws introduced by the committee on natural resources and energy. Listen to the first reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: S three twenty five an act relating to studying the creation of model bylaws.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read a first time and pursuant to rule 48 is placed on the calendar for notice the next succeeding day. 26. We now have s three twenty six, an act relating to miscellaneous amendments to law relating to motor vehicles introduced by the committee on transportation. Listen to the first reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: S three twenty six, an act relating to miscellaneous amendments to laws relating to motor vehicles.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read the first time and pursuant to rule 48 is placed on the calendar for notice the next succeeding day. We now have S three twenty seven an act relating to economic development introduced by the committee on economic development housing and general affairs listen to the first reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: S three twenty seven an act relating to economic development.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read the first time and pursuant to rule 48 is placed on the calendar for notice the next succeeding day. We now have s three twenty eight, an act relating to housing and common interest communities introduced by the committee on economic development, housing, and general affairs. Listen to the first reading of the bell.

[John H. Bloomer Jr., Secretary of the Senate]: S three twenty eight, an act relating to housing and common interest communities.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read the first time and pursuant to rule 48 is placed on the calendar for notice the next succeeding day. Is that all of those? We now have house bills for reference. We have H two seventy an act relating to confidentiality for peer support counseling among emergency service providers. It passed the house on 01/28/2026. Listen to the first reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: H two seventy, an act relating to confidentiality in peer support sessions for emergency service providers.

[Senator Philip Baruth, President Pro Tempore]: Now you've heard the first reading of the bill, and it's referred to the Committee on Health and Welfare. H five sixteen, an act relating to approval of amendments to the Charter of the Town of Essex. It passed the house on 01/29/2026. Listen to the first reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: Page five sixteen. An act relating to approval of amendments to the charter of the town of Essex.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read a first time, and it is referred to the committee on government operations. H five thirty two, an act relating to mandatory retirement of college professors. Passed the house on 01/28/2026. Listen to the reading of the bill.

[John H. Bloomer Jr., Secretary of the Senate]: H five thirty two, an act relating to mandatory retirement of college professors.

[Senator Philip Baruth, President Pro Tempore]: Now the bill has been read the first time and it is referred to the committee on education. H seven ninety, an act relating to fiscal year twenty twenty six budget adjustments. It was introduced by the committee on appropriations and passed the house earlier today. That's why there's not a date there. Please listen to the first reading.

[John H. Bloomer Jr., Secretary of the Senate]: H seven ninety, an act relating to fiscal year twenty twenty six budget adjustments.

[Senator Philip Baruth, President Pro Tempore]: Now the bill's been read a first time and it is referred to the committee on appropriations. Do are we gonna do the confirmation? So we don't need to go into orders from the day. It's actually up for action. Okay. Orders of the day. We have a confirmation. Senator from Chittenden.

[Senator Martine Larocque Gulick]: Thank you, mister president. The senate judiciary committee has discussed for all of the time that I have been in this building the different ways that we might make the process of judicial nominating more available and accessible to diverse candidates. We've certainly made some movement in this direction, though I do believe we have more work to do. Today, though, I'm happy to stand up and point to an instance where the work we have done is having the intended effect with this judicial confirmation. Judge Colin O. Yang did not take the traditional path to the nominating board. He brings a diverse set of experiences, both professional and personal, and that is an incredible in that it is expanding the life experience and perspectives on our bench and a more well rounded bench will serve all Vermonters. Zhao Zhaoyeang received his bachelor's cum laude in East Asian languages and literature from Yale University in 1991. He completed a Master's of Arts in East Asian Studies at Yale University in 1993. Judge Ohyang completed his legal studies at the University of Michigan in 1995, graduating with his Juris Doctorate in Cum Laude. Judge Oh Yang has a varied career, spanning federal judicial clerkships, international commercial transactions, corporate finance and real estate, criminal law with the US Attorney's Office in multiple jurisdictions, environmental law with the Department of Justice, and since 2009, has had a primary focus in energy law, working in multiple roles with the National Grid USA from 2009 to 2015 as general counsel for Velco from 2016 to 2020, general counsel with Franklin Energy in Wisconsin, though remotely, from 2020 to 2022, returning to Velco in 2022 and serving as their chief operating officer until joining the US Attorney's Office in 2023. Judge Oh Yang found his position at the US Attorney's Office at an end under the Trump administration in March 2025, at which time he returned to Belco as their head of commercial development. In addition to the judge's work experience, I want to highlight some of his volunteer experience, including as a commissioner of the Massachusetts Judicial Nominating Commission from 2007 to 2009, membership on the Board of Trustees at both Framingham State University from 2013 to 2015 and Champlain College from 2018 to 2023, and as a restorative justice panel member with the Community Justice Center of Shelburne and South Burlington from 2008 to 2023 and from 2025 to the present. Judge Oh Yang's career and community service has spanned many types of law in many different jurisdictions, and he brings a wealth of experience to the bench where he was sworn in on 10/05/2025, and began training and service in the Chittenden Civil Division. Judge Ohyang is the child of refugees to The United States and spoke of his experience as a person of color and a child of immigrants and the many challenges that arise with these marginalized identities. Judge Ohyang spoke of the many intersections of his own privilege and oppression, describing it as a liminal space filled both by pain and pleasure. I would like to close with the judge's own words, if I may quote from the judge's application to the judicial nominating board.

[Senator Philip Baruth, President Pro Tempore]: You may.

[Senator Martine Larocque Gulick]: In response to the question, what makes you well qualified to hold the position you're speaking, the judge said, I have had an untraditional breadth of professional and personal experiences that would both deepen and complement the Vermont judiciary. As a lawyer, I have seen the courtroom both civilly and criminally. On the criminal side, I have spent most of my time as a prosecutor, yet I still recall the defendants I represented pro bono. In the regulatory arena, I have represented both the regulator and the regulated. As an in house lawyer, I have served as both counsel to the internal clients and clients to the outside counsel. Personally, I know what it means to be both part of a system and apart from it. I am a lawyer who knows his way around the legal system, and I know what it feels like to be at its mercy. I still recall vividly being a child when my parents were stopped for secondary inspection at the border by US authorities. They were American citizens. Walking between worlds gives me both the suggestion of belonging and the reality of temporariness. Whatever I have the fortune of enjoying can be taken away both as a result of the same legal system. After all, even my birthright citizenship may now be taken away by the same system which has granted it. I would bring these perspectives to the bench. I would use my capabilities in this craft of lawyering or judging with the humility of its power over the people it affects, having felt it in my own way firsthand. It is with great enthusiasm that I recommend that the Senate confirm the appointment of Judge Colin Oyeng to the bench. At this moment in our history, I believe strongly that his voice, his experience, his courage, and his sense of finding justice even within an unjust system for those who are most often harmed are incredibly important for our progress forward. We need now more than ever judges who are willing to challenge the status quo, who see the incredible damage of not doing so, and not only and not understanding fully their impact on the people that they are judging by just standing up and upholding those structures of power. It is my strong belief that judge Colin O'Yang is who we need right now, and that he will move us forward in the face of all that is on the horizon. Your committee on judiciary voted five zero zero in support of this confirmation, and we ask the senate to concur. Thank you.

[Senator Philip Baruth, President Pro Tempore]: Is for the appointment of Colin O' Yang as Superior Court Judge for a term from and including 10/06/2025 to and including 03/31/2031 and until a successor is appointed and has qualified. The question is, shall the appointment of Colin Ouyang as superior court judge be confirmed by the senate? Are you ready for the question?

[John H. Bloomer Jr., Secretary of the Senate]: Roll call.

[Senator Philip Baruth, President Pro Tempore]: Roll call has been requested, and when the vote is taken, it shall be by roll. Are you ready for the question? If so, the secretary shall call the roll.

[John H. Bloomer Jr., Secretary of the Senate]: Senator Ruth? Yes. Senator Beck? Yes. Senator Bongartz? Yes. Senator Brock? Yes. Senator Chittenden? Yes. Senator Senator Clarkson? Yes. Senator Caledonia? Yes. Senator Cummings? Yes. Senator Gulick?

[Senator Martine Larocque Gulick]: Yes.

[John H. Bloomer Jr., Secretary of the Senate]: Senator Harvey? Yes. Senator Harrison? Yes. Senator Hashim? Yes. Senator Heffernan? Yay. Senator Ingalls? Yes. Senator Lyons? Yes. Senator Major? Yes. Senator Matos?

[Senator Philip Baruth, President Pro Tempore]: Yes. Senator Morley.

[John H. Bloomer Jr., Secretary of the Senate]: Yes. Senator Norris. Yes. Senator Hershlik. Yes. Senator Plunkett. Yes. Senator Rob Hinsdale. Yes. Senator Gohovsky. Yes. Senator Watson. Yes. Senator Weeks. Yes. Senator Westman. Yes. Senator White.

[Senator Rebecca 'Becca' White]: Yes. Senator Williams.

[Senator Terry Williams]: Yes.

[Senator Philip Baruth, President Pro Tempore]: The vote is thirty zero. The ayes have it, and you have confirmed the appointment of Colin Ouyang as superior court judge. You need this. That completes the orders of the day. Are there any announcements? Senator from Chittenden.

[Senator Thomas Chittenden]: Thank you, mister president. Pending announcements, would move that the senate stand in adjournment until 09:30AM, Tuesday, February 3. And if I might lead off those announcements, Senators will notice on page fifty five and fifty six of today's calendar the names of Christina Nolan and Michael Drescher listed for action on Tuesday That is when this vote will come up. I just wanted to stress, I think it's important that all 30 senators be here. Tuesday was the only day in the next several weeks when everybody could conceivably be here. I know it's winter. I know weather is an issue. So if it looks as though you need to leave early to be here at 09:30, it is that important. So thank you, mister president.

[Senator Philip Baruth, President Pro Tempore]: Are there any further announcements? Senator from Chittenden.

[Senator Martine Larocque Gulick]: Mister

[Senator Wendy Harrison]: mister president, frankly, I I just haven't heard so inspiring and thorough a nomination speech, in my time in the senate, and, I hope it stands as a model for future nomination speeches of this magnitude. So I would respectfully ask that the floor report of the senator from Chittenden Central be journalized.

[John H. Bloomer Jr., Secretary of the Senate]: I think you have to do that, Robert.

[Senator Philip Baruth, President Pro Tempore]: I've been informed by the sec senate secretary that

[Senator Thomas Chittenden]: I believe I should withdraw my motion then.

[Senator Philip Baruth, President Pro Tempore]: The senator from Chittenden has moved that the senate journalize the floor report of the senator from Chittenden Central. Are you ready for the question? If so, all in favor say aye. Aye. All opposed nay. Ayes have it, and the motion carries. I have a announcement. Yep. I got it. Here, we have received s 23 back from the house, which informs us that they have refused to concur in the senate proposal amendment to the house proposal of amendment and have appointed a committee on conference. On behalf of the committee on committees, the following senators are appointed to the committee on of conference on the part of the senate. Senator Calamore, senator Vyhovsky, senator Morley. I have one more announcement, and that is that my chief of staff signed me up to do the Penguin Plunge next Saturday. I would encourage any senator who would like to plunge into the ice cold water to join my team. And if you're not interested in joining my team, perhaps you could stop down to the office and see James and make a donation for the Special Olympics. Are there any further announcements? Senator from Windham.

[Senator Nader Hashim]: Mister president, I have a resolution which in very short summary condemns the recent actions that we've seen in Minneapolis. The resolution should be in everybody's inbox. Believe I sent it out yesterday. I'm hoping to gather cosponsors by 2PM. So if folks are interested, either let me know in person or respond to the email.

[Senator Philip Baruth, President Pro Tempore]: Thank you. Senator from Windsor.

[Senator Alison Clarkson]: Thank you. Point of inquiry, please.

[Senator Philip Baruth, President Pro Tempore]: What is your point of inquiry?

[Senator Alison Clarkson]: My point of inquiry is my understanding was that committee bills, we rushed to get them and, two into the queue. They have been, introduced. My understanding is they were being recommitted directly to the committees of jurisdiction. And I'm just curious why rule 48 delays that.

[Senator Philip Baruth, President Pro Tempore]: That would require another motion so the standard is they go on notice.

[Senator Alison Clarkson]: I'll take a deep breath. Thank you.

[Senator Philip Baruth, President Pro Tempore]: Thank you, senator. Are there any further announcements? Senator from Washington.

[Senator Martine Larocque Gulick]: Thank you, mister president. Senate Finance will meet at 01:30.

[Senator Philip Baruth, President Pro Tempore]: Senator from Chittenden.

[Senator Thomas Chittenden]: I will just make my adjournment motion again. Pending further announcements, I would move that the senate stand in adjournment until 09:30AM, Tuesday, February 3.

[Senator Philip Baruth, President Pro Tempore]: Are there further announcements? Senator from Rutland.

[John H. Bloomer Jr., Secretary of the Senate]: Thank you, mister president. Senate government operations will meet at 1PM.

[Senator Philip Baruth, President Pro Tempore]: Senator from Windham.

[Senator Wendy Harrison]: Thank you, mister president. Senate institutions will also meet at 1PM.

[Senator Philip Baruth, President Pro Tempore]: Senator from Washington.

[John H. Bloomer Jr., Secretary of the Senate]: Thank you, mister president. Senator appropriations will be meeting. Are

[Senator Philip Baruth, President Pro Tempore]: there any further announcements? Seeing none, the senator from Chittenden has moved that the senate stand in adjournment until 09:30 a. M. Tuesday 02/03/2026. Are you ready for the question? If so, all in favor say aye. Aye. All opposed nay. Aye. Ayes appear to have it. The ayes do have it and we'll stand in adjournment until 09:30AM Tuesday 02/03/2026.