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Journal of the Senate ______FRIDAY, MAY 21, 2021 the Senate Was Called to Order by the President

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Journal of the Senate ______FRIDAY, MAY 21, 2021 the Senate Was Called to Order by the President Journal of the Senate ________________ FRIDAY, MAY 21, 2021 The Senate was called to order by the President. Devotional Exercises A moment of silence was observed in lieu of devotions. Message from the House No. 82 A message was received from the House of Representatives by Ms. Alona Tate, its Second Assistant Clerk, as follows: Madam President: I am directed to inform the Senate that: The House has considered a bill originating in the Senate of the following title: S. 101. An act relating to promoting housing choice and opportunity in smart growth areas. And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested. The House has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses on House bills of the following titles: H. 360. An act relating to accelerated community broadband deployment. H. 433. An act relating to the Transportation Program and miscellaneous changes to laws related to transportation. H. 449. An act relating to the membership and duties of the Vermont Pension Investment Commission and the creation of the Pension Benefits, Design, and Funding Task Force. And has adopted the same on its part. The House has considered Senate proposals of amendment to the following House bills: H. 88. An act relating to certification of agricultural use for purposes of the use value appraisal program. H. 122. An act relating to boards and commissions. 1246 Printed on 100% Recycled Paper FRIDAY, MAY 21, 2021 1247 H. 135. An act relating to the State Ethics Commission. H. 183. An act relating to sexual violence. H. 337. An act relating to the printing and distribution of State publications. H. 443. An act relating to approval of the merger of the Wilmington Water District with the Town of Wilmington. And has severally concurred therein. The House has considered Senate proposal of amendment to House proposal of amendment to Senate bill of the following title: S. 97. An act relating to miscellaneous judiciary procedures. And has concurred therein. The House has considered Senate proposal of amendment to House bill: H. 436. An act relating to miscellaneous changes to Vermont’s tax laws. And has severally concurred therein with further amendments in the passage of which the concurrence of the Senate is requested. Message from the Governor A message was received from His Excellency, the Governor, by Ms. Brittney L. Wilson, Secretary of Civil and Military Affairs, as follows: Madam President: I am directed by the Governor to inform the Senate that on the twentieth day of May, 2021 he approved and signed bills originating in the Senate of the following titles: S. 1. An act relating to extending the baseload renewable power portfolio requirement. S. 66. An act relating to electric bicycles. S. 102. An act relating to the regulation of agricultural inputs for farming. S. 124. An act relating to miscellaneous utility subjects. Message from the Governor A message was received from His Excellency, the Governor, by Ms. Brittney L. Wilson, Secretary of Civil and Military Affairs, as follows: 1248 JOURNAL OF THE SENATE Madam President: I am directed by the Governor to inform the Senate that on the twentieth day of May, 2021 he returned without signature and vetoed a bill originating in the Senate of the following title: S. 107. An act relating to confidential information concerning the initial arrest and charge of a juvenile. Text of Communication from Governor The text of the communication to the Senate from His Excellency, the Governor, whereby he vetoed and returned unsigned Senate Bill No. 107 to the Senate is as follows: “May 20, 2021 The Honorable John Bloomer, Jr. Secretary of the Senate 115 State House Montpelier, VT 05633-5401 Dear Mr. Bloomer: Pursuant to Chapter II, Section 11 of the Vermont Constitution, I am returning S.107, An act relating to confidential information concerning the initial arrest and charge of a juvenile, without my signature, because of concerns with the policy to automatically raise the age of accountability for crimes, and afford young adults protections meant for juveniles, without adequate tools or systems in place. Three years ago, I signed legislation intended to give young adults who had become involved in the criminal justice system certain protections meant for juveniles. At the time, I was assured that, prior to the automatic increases in age prescribed in the bill, plans would be in place to provide access to the rehabilitation, services, housing and other supports needed to both hold these young adults accountable and help them stay out of the criminal justice system in the future. This has not yet been the case. In addition to ongoing housing challenges, programs designed and implemented for children under 18 are often not appropriate for those over 18. Disturbingly, there are also reports of some young adults being used – and actively recruited – by older criminals, like drug traffickers, to commit crimes because of reduced risk of incarceration, potentially putting the young people we are trying to protect deeper into the criminal culture and at greater risk. FRIDAY, MAY 21, 2021 1249 I want to be clear: I’m not blaming the Legislature or the Judiciary for these gaps. All three branches of government need to bring more focus to this issue if we are going to provide the combination of accountability, tools and services needed to ensure justice and give young offenders a second chance. For these reasons, I believe we need to take a step back and assess Vermont’s “raise the age” policy, the gaps that exist in our systems and the unintended consequences of a piecemeal approach on the health and safety of our communities, victims and the offenders we are attempting to help. I see S.107 as deepening this piecemeal approach. I also remain concerned with the lack of clarity in S.107 regarding the disparity in the public records law between the Department of Public Safety and the Department of Motor Vehicles. Based on the objections outlined above, I am returning this legislation without my signature pursuant to Chapter II, Section 11 of the Vermont Constitution. I believe this presents an opportunity to start a much-needed conversation about the status of our juvenile justice initiatives and make course corrections where necessary, in the interest of public safety and the young Vermonters we all agree need an opportunity to get back on the right path. Sincerely, /s/Philip B. Scott Governor PBS/kp” Proposal of Amendment; Third Reading Ordered H. 157. Senator Clarkson, for the Committee on Economic Development, Housing and General Affairs, to which was referred House bill entitled: An act relating to registration of construction contractors. Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. FINDINGS The General Assembly finds that: (1) There is currently no master list of residential construction contractors operating in the State. (2) There is no standard process for determining or adjudicating construction contract fraud complaints either on the part of contractors or 1250 JOURNAL OF THE SENATE consumers. (3) Public authorities have no mechanism to contact all contractors when necessary to provide updates to public health requirements, safe working protocols, codes and standards, and available trainings and certifications. (4) Wide dissemination of information on codes, standards, and trainings is vital to improving construction techniques throughout the State’s construction industry. Since building thermal conditioning represents over one-quarter of the State’s greenhouse gas emissions, improving energy performance is a key strategy for meeting the requirements of the Global Warming Solutions Act, 2020 Acts and Resolves No. 153. (5) While registration is not licensure and confers no assurance of competence, consumers have no way of knowing whether a contractor is operating legally or has been subject to civil claims or disciplinary actions. (6) A noncommercial, standardized public listing will provide contractors an opportunity to include in their record optional third-party, State- sanctioned certifications. Sec. 2. 3 V.S.A. § 122 is amended to read: § 122. OFFICE OF PROFESSIONAL REGULATION The Office of Professional Regulation is created within the Office of the Secretary of State. The Office of Professional Regulation shall have a director who shall be is an exempt employee appointed by the Secretary of State and shall be an exempt employee. The following boards or professions are attached to the Office of Professional Regulation: * * * (50) Residential Contractors Sec. 3. 26 V.S.A. chapter 107 is added to read: CHAPTER 107. RESIDENTIAL CONTRACTORS Subchapter 1. General Provisions § 5501. REGISTRATION REQUIRED (a) A person shall register with the Office of Professional Regulation prior to contracting with a homeowner to perform residential construction in exchange for consideration of more than $2,500.00, including labor and materials. (b) Unless otherwise exempt under section 5502 of this title, as used in this chapter, “residential construction” means to build, demolish, or alter a residential dwelling unit, or a building or premises with four or fewer FRIDAY, MAY 21, 2021 1251 residential dwelling units, in this State, and includes interior and exterior construction, renovation, and repair; painting; paving; roofing; weatherization; installation or
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