Vermont Legislature SmartTranscripts:

[Lt. Governor David Zuckerman (President of the Senate)]: Will senate please come to order? We'll take a moment of silence in lieu of a devotional. Thank you. Are there any announcements? Seeing none, we have house bill for reference. H five forty, an act relating to recommendations of post adjudication, Preparative Program Working Group. Okay. That was a mouthful. Sorry. Introduced by representative Dolan of Essex. It passed the house on 02/06/2026. Listen to the reading of the bill.

[Senate Reading Clerk / Assistant Secretary]: H five forty, an act relating to the recommendations of the post adjudication reparative program working group.

[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 judiciary. Orders of the day. We have on the calendar for action s two eight zero eight, an act relating to standards for law enforcement identification, which was introduced on 01/06/2026. It was referred to the committee on judiciary, which reports it is considered the bill and recommends that the bill be amended as it appears on page 85 of today's calendar, and that when so amended the bill ought to pass. Listen to the second reading of the bill.

[Senate Reading Clerk / Assistant Secretary]: S two zero eight, an act relating to standards for law enforcement identification.

[Lt. Governor David Zuckerman (President of the Senate)]: I recognize the senator from Windham, senator Hashim, for the report of the committee on judiciary.

[Senator Nader Hashim (Windham) — Judiciary Chair]: Thank you. Mister president, s two zero eight is a bill related to standards for law enforcement identification or as people have informally referred to it as the masking bill. The bill is located on page 85 of today's calendar. This is a bill that is meant to create standards of identification for all law enforcement operating in the state of Vermont. I know there have been many conversations about federal agents which is understandable given what we're seeing in the news. However, I want to emphasize that the intent of this bill is to make it applicable to all law enforcement operating in our state, whether it's a state trooper or a deputy or an ICE agent. It would apply in a nondiscriminate work manner. And there have also been questions raised on constitutionality. I'll generally describe some overviews, on that topic towards the end of this. So the summary of the bill, section one is essentially the bulk of, where all the policies are. Subsection a is a brief description of legislative intent which refers to our state's powers under the tenth amendment. Subsection b provides a list of definitions to describe law enforcement agencies and law enforcement officers. There's a cross reference made to title 20 b s a twenty three fifty one a, which provides a comprehensive definition of agencies and officers. Subsections c provides a list of identification requirements. And it requires that an officer shall be clearly identified by the officer's name or unique radio or badge number and their agency. This subsection also prohibits officers from wearing masks or personal disguises while interacting with a person in public in the performance of the officer's duties. Parts of this language, that I've described were developed during a helpful conversation with a number of members from various Vermont law enforcement agencies. It was in part meant to address the ability to continue carrying on under cover operations focused on investigating child sexual exploitation and drug addiction, as well as the logistical identification issues related to detectives who generally wear suits rather than uniforms. Next is a list of exceptions of which an officer may wear a mask. I won't read it all verbatim since you have the list in front of you, but generally speaking the list was developed to continue allowing officers to wear masks in situations where it is entirely reasonable and necessary for, legitimate safety reasons. So for example, an officer is a scuba diver and they're recovering a body from the bottom of a lake, they can wear a mask. Other exceptions exist for smoke inhalation, hazmat exposure, undercover drug operations, tactical support, cold weather, and, again, child sexual exploitation cases. The penalties for violating the statute would be a $1,000 ticket for a first offense and a $2,500 ticket for a second or subsequent offense. These are civil offenses. Section two indicates that the Vermont Judicial Bureau shall have jurisdiction over these civil violations. Section three provides that the effective date shall be on passage. And so that is the summary of the bill and as I mentioned earlier since there has been a lot of conversations about federal agents I'm going to briefly highlight some of the constitutional questions that folks may have. So generally speaking, are a few reasons that we can hopefully pass this bill. The tenth amendment, previously mentioned in legislative intent, provides that states can exercise internal police powers. This means that we can pass laws to protect the health, safety, and welfare of people in Vermont, and on the other hand we have the supremacy clause as a counterbalance. The US Supreme Court described this balance far more eloquently than I could when they briefly summarized statements made by James Madison and Alexander Hamilton in the 1991 case and I can never turn down a good and brief quote, so mister president may I quote a short paragraph from Gregory versus Ashcroft?

[Lt. Governor David Zuckerman (President of the Senate)]: You may.

[Senator Nader Hashim (Windham) — Judiciary Chair]: Quote, just as the separation and independence of the coordinate branches of the federal government served to prevent the accumulation of excessive power from any one branch, a healthy balance of power between the states and the federal government will reduce the risk of tyranny and abuse from either front, and the tension between federal and state power lies the promise of liberty. End quote. So going back to the supremacy clause, there are two underlying and relevant components that I'll discuss. The first is in regard to preemption. There are currently no federal statutes, enacted policies, promulgated rules expressly authorizing or requiring masking by federal officers. Therefore, neither expressed preemption or implied preemption would apply. However, there is a second concept that is rooted in the supremacy clause which is known as intergovernmental immunity. This immunity takes effect if one of the two following conditions are met. First, states are prohibited from directly regulating the federal government, and second, they are prohibited from discriminating against the federal government. So there are two questions that follow the first rule regarding regulating the federal government. First, does the law regulate how an official carries out their duties, which is impermissible? And second, is the law's impact only incidental, which is permissible? S two zero eight does not impede an officer's abilities from being able to carry out their duties nor is it intended to do that. Regarding the second rule as to whether a law discriminates against the federal government, s two zero eight is nondiscriminatory. The law would apply equally to all law enforcement operating in the state. So for example, we are, on the topic aside from police, we're allowed to levy income tax on federal employees as long as it's non discriminatory. We can say if you make x amount of dollars, you have to pay x amount of taxes regardless of where you work. On the other hand, we cannot say if you're a federal employee, actually have to pay higher income tax compared to other residents. That would be discriminatory. So I want to shift away from the policy nuances and just share some general thoughts before I wrap this up. An essential component of democratic society in a republican system of government is accountability and transparency. This is a concept that was ingrained in the founding principles of this country. In situations where a private citizen is encountering an agent of the govern And individual wearing tactical gear, a mask, and no identification, and the person asks themselves, is that a legitimate police officer or a bank robber or somebody who's about to do a mass shooting? That should never be a question that pops up in anyone's mind in this country. And I know that in our small state, we have a tendency to form big aspirations to address issues we see nationally and globally, and it is a good thing that Vermonters have a strong and outspoken sense of justice. To the extent that we are able, this bill is a step in the direction of protecting people in Vermont against masked anonymous agents of the government. We heard from the following witnesses, legislative counsel, constitutional law professor from Columbia University, the attorney general's office, the commander of the Vermont Drug Task Force, the commander of the Internet Crimes Against Children Task Force, lieutenant colonel of the Vermont State Police, the commissioner of the Department of Public Safety, the director of the Vermont Criminal Justice Council, the director of the Office of Racial Equity, the director of migrant justice, and the ACLU of Vermont. The vote in committee was five zero zero and I ask for the senate support.

[Lt. Governor David Zuckerman (President of the Senate)]: The question is shall the bill be amended as recommended by the committee on judiciary? Are you ready for the question? If so, all in favor Roll

[Senate Reading Clerk / Assistant Secretary]: call. Is the amendment? Yeah. Roll are we roll call on this

[Lt. Governor David Zuckerman (President of the Senate)]: A roll call has been requested.

[Senate Reading Clerk / Assistant Secretary]: Can I just ask what the vote is on?

[Lt. Governor David Zuckerman (President of the Senate)]: The vote is on the amendment and the question I would have for you is do you want the roll call on the amendment or when we get to third reading? Should it be read a third time? This is second reading, and so the next question will be shall it be read a third time?

[Senate Reading Clerk / Assistant Secretary]: And that's I'll wait for the third reading.

[Lt. Governor David Zuckerman (President of the Senate)]: Thank you. Are you ready for the question? If so, all in favor, aye. Aye. All opposed, nay. The ayes have it. And you have amended the bill as recommended by the committee on judiciary. Now the question is, shall the bill be read a third time?

[Senate Reading Clerk / Assistant Secretary]: Roll call.

[Lt. Governor David Zuckerman (President of the Senate)]: It has been requested that when the vote is taken, it'd be by roll. Senator from Chittenden Central.

[Senator Philip Baruth (Chittenden Central) — President Pro Tempore]: Thank you, mister president. Senators, I'm sure, have heard a great deal about this bill and its companion two zero nine, which will be coming slightly after this. And my constituents say one thing to me over and over again, and that is do something. Please do something. And what they're responding to are images that they're seeing from around the country of masked agents hustling people into vans. And all of those elements we associate with the worst parts of the twentieth century and the regimes that drove the bloodiness that marked that century. So I am very proud that our chair of judiciary brought this bill forward because it says something very simple but blanket across all of our law enforcement agents. No law enforcement officer in Vermont will be permitted to wear a mask. Seems incredibly simple, but it has become incredibly important that we emphasize that. Not only can't they wear a mask, but they must identify themselves in various ways laid out in the bill. There is, as the chair mentioned, a very delicate dance to be done with the federal government regarding the supremacy clause. The federal government is supreme in many ways, but the state is sovereign in other ways. And so I commend our chair, our legal team and the committee as a whole for finding that correct balance. I don't believe it's been mentioned yet, but California has a version of this bill. It was just partially struck down as discriminatory because it only applied certain aspects only applied to federal law enforcement. This does not have that weakness. This should be stronger in court, should develop stronger case law to support. So with that, mister president, I am proud of this body for bringing this forward. As I mentioned there will be a companion bill my colleague from Chittenden Central will be reporting that bill which will describe sensitive places where people have a right to assume that they will not be targeted for this sort of arrest. With that said, I would hope for a strong vote from the body, and, I thank you, mister president.

[Lt. Governor David Zuckerman (President of the Senate)]: Are you ready for the question? The question is, shall the bill be read a third time? If so, all in favor oh, excuse me. If so, the secretary shall call the roll.

[John H. Bloomer Jr. — Secretary of the Senate]: Senator Ruth? Yes. Senator Beck? Yes. Senator Bongartz?

[Senator Seth Bongartz]: Yes. Senator Brennan? Yes. Senator Brock? Yes.

[John H. Bloomer Jr. — Secretary of the Senate]: Senator Chittenden? Yes. Senator Ingalls. No. Senator Lyons.

[Senator Virginia "Ginny" Lyons]: Yes. Senator Major. Yes. Senator Matos. Yes.

[John H. Bloomer Jr. — Secretary of the Senate]: Senator Morley. Senator Norris. Yes. Senator Pershlik. Yes. Senator Watson.

[Senator Anne Watson]: Yes.

[John H. Bloomer Jr. — Secretary of the Senate]: Senator Weeks. Yes. Senator Westman. Yes. Senator White?

[Senator Rebecca "Becca" White]: Yes. Senator Williams? No. Senator Morley.

[Lt. Governor David Zuckerman (President of the Senate)]: Those voting yes, 27. Those voting no, two. The ayes have it, and you have ordered third reading of s two zero eight. That completes the orders of the day. Senator from Chittenden Central.

[Senator Philip Baruth (Chittenden Central) — President Pro Tempore]: Thank you, mister president. Pending announcements, I move that the senate stand in adjourn until 1PM, Thursday, 02/12/2026.

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

[Senator Philip Baruth (Chittenden Central) — President Pro Tempore]: Thank you, mister president. I forgot I had an announcement. Senator should know we are entering the elections for, trustees and the date for by which you need to announce your intention to the Secretary of State if you intend to run is tomorrow. It says in the back of the calendar, you need to declare that in writing. I'm informed by the senate secretary that that could be by email. So, emailing the secretary of state by tomorrow that you are interested in running for a trustee position. Thank you,

[Senator Nader Hashim (Windham) — Judiciary Chair]: mister president.

[John H. Bloomer Jr. — Secretary of the Senate]: Senator from Washington.

[Senator Ann Cummings (Washington) — Finance Chair]: Thank you, mister president. Senate finance will meet at 01:30.

[John H. Bloomer Jr. — Secretary of the Senate]: Senator from Washington. Thank you. Senator appropriation will also meet at 01:30.

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

[John H. Bloomer Jr. — Secretary of the Senate]: As well as

[Senator Philip Baruth (Chittenden Central) — President Pro Tempore]: the senate government operations.

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

[Senate Reading Clerk / Assistant Secretary]: Thank you, mister president. Senate institutions will also meet at 01:30.

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

[Senator Philip Baruth (Chittenden Central) — President Pro Tempore]: Mister president, just to round that out, the, Senate Education Committee will meet at 01:30.

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

[Senator Alison Clarkson (Windsor)]: Tonight is Farmers Night, and tonight the Vermont Symphony Orchestra and Chorus will, really make some glorious music here in the in the house chamber. I urge you to come and join us at this much anticipated David Wilson memorial concert. There's going to be Mozart. There's going to be Ravel. There's going to be Randall Thompson and Robert Frost poems in a beautiful seven movement suite by Randall Thompson. There are going to be the much also much anticipated premiere of a high school student's piece, which is always a treasured aspect of this concert, and it will be conducted by our own conductor Andrew Perch. So I urge you all to come. It's going to be really a special concert. And if you want a seat I'm reminded by my middle senator from Windsor County to reserve your seat because actually this is always a sold out concert and if you don't put your name on a seat in the house, you will probably not have a seat. So, thank you and I look forward to seeing a few more senators than normal at Farmers Night. The other thing I would remind just to tag onto the protem's announcement, we have not had enough senator candidates for either for this trustee position. And I would really urge our senators to think long and hard about joining the board of the Vermont State Colleges because they are just such an important anchor pillar in our educational world and in our workforce development. So I would really ask that senators think about, competing for one of these spots because the house runs rings around us on this front. Thank you.

[Lt. Governor David Zuckerman (President of the Senate)]: Are there any further announcements? Seeing none, the senator from Chittenden Central has moved that the senate stand in adjournment until 1PM, Thursday, 02/12/2026. Are you ready for the question? If so, all in favor, aye. Aye. All opposed, nay. The ayes have it. We'll stand in adjournment until 1PM, Thursday, February 12.