 Okay, great thanks here we are back online. We are going to be looking at S 142, which is a bill that will. Well let's just go through the bill let's have Michael walk us through it instead of me trying to explain what it's going to do. We'll just have Michael walk us through it and then we'll have the discussion okay. Good afternoon Madam chair and members of Senate Government Operations Committee, I'm Michael churn it from legislative council. Before I proceed on the specifics of S 142. I feel a necessity to explain why this is a bill and not a resolution, because I understand it's been a degree of confusion over the weeks. The reason is that the sponsor Senator Ram had requested that this be a day that's continuously observed in Vermont, not on a one time basis. And when I do resolutions for days or weeks or months. They're simply for that year in order for them to become in codified in Vermont law, they need to go into title one. We have a whole list of specialized days that are separate from the legal holidays and that's why this is a bill. So I just wanted to clarify that point so everybody can understand why I did what I did. I also want to acknowledge and he'll be possibly joining us momentarily. Hello Patel one of our three VLS clinicians. He's a third year student at VLS, and he was extraordinarily helpful. We did this as a team. And I want to make sure he has, we wanted to make sure all our clinicians had bill drafting opportunities during the course of the winter, even though they're working remotely. And Mittuel did a fine job was very helpful had some excellent ideas. I want to make sure that he gets to credit. With that being said, you may see him on the zoom momentarily. You do. He's there. Great. With that being said, let's go over the bill. It is s 142. It's an act relating to designating August 31 as overdose awareness day. There are several findings to this there are, let us see, there are six findings after our discussions over the course of a number of weeks. A number of these came from other states and we consolidated them and morph them to meet Santa Ram's needs and to keep them in Vermont statutory language law. And the first one provides that according to the department of helps our own department of helps monthly and again I want to thank. Mittuel, he did a lot of this nitty gritty research and did a fine job opiate update from February 2021 in calendar year 2019, which was the latest data available, approximately 100 non suicidal drug deaths involving opiates were 87% of which were fentanyl related and in calendar year 2020, the number of similar deaths increased to 134.89% of which were fentanyl related. According to the department of helps opiate scorecard, during the first quarter of calendar year 2020, nearly 1000 now it's on rescue kits were provided to Vermonters as an overdose prevention measure. In fiscal year 2019 the centers for disease control and prevention reported 128 drug overdose cases in Vermont overall and fiscal year 2020 the number of overdose cases increased to 146 again that's the Vermont number not a national number. Governor Phillip Scott proclaimed February 27 2021 as recovery day demonstrating the state's commitment to supporting those with mental illness addictions and co occurring conditions. The fifth finding is that annually overdose awareness day is observed internationally on August 31 to raise awareness of drug overdoses to reduce the associated stigma and to acknowledge the grief of the families and friends of persons who have experienced drug overdose. And our final finding is that designating drug overdose awareness day as a Vermont commemorative day, which is different than a legal holiday if I may explain, explain this is not a day that individuals have a day off, even though we're aware that's negotiated it's not on the potential list it's a commemorative day, not unlike our day or POW my a day recognizes the importance of each person who has experienced a drug overdose and it reminds Vermonters that death due to a drug overdose is preventable. Now, the actual statutory provisions at one VSA 378 August 31 of each year is designated as drug overdose day. And that's the place where we need to go in the calendar in the statutes rather it's the next spot in the commemorative list. Now, there's a second provision to this. That statutory and not simply session law language. There's a flag probe protocol for overdose awareness day. This comes out of one VSA 496 F the Department of Buildings and General Services show direct in the flag flying protocol. It was published in 496 D of this title that the US flag in the Vermont State flag shall each be flown in half staff on all state owned flag pose which is the extent of the authority of bgs on August 31 each year in observance of overdose awareness and the bill overall would take effect on July 21 on July 1 2021, which would mean that the first observed overdose awareness day where this bill to pass would be August 31 2021. Oh, any, any specific questions about that represent whoever you are just. Thank you. I know Senator Robin I have talked about this before. And maybe Michael can answer. Do we have the, I guess, authority to lower a US flag. I think also we have Deb. Here who is our flag expert. Okay, then I'll defer to her. I'm going to defer this and then defer to Deb. We had discussions of this that within within our staff at lech console. Senator Rahman I had multiple discussions more than we prefer to count at this point I think. And my final line was that I had concerns. I'm going to defer to the definitive yay or nay because it's, we found it to be a bit unclear, but we did express concerns. Clearly we have the authority on the state flag, and I'm going to defer to Deb from bgs on the federal question. Thank you, Michael. You are, you are muted Deb. There you go. I love idiot proof instructions. I agree with you that it's very unclear, you know when the governor's office tells me that we're lowering both the US and the Vermont flag. Do I say no we're not. But I totally agree that US code does not authorize the governor to lower the flag. The US flag in this situation. I read the federal code, and it's very clear, most of it is around deaths. Right. Yep. Yeah. And it's very specific deaths. Yeah, yeah very specific how many days and also police. First responders, veterans individuals killed in war. Those situations as it ends. There is not on the other side as we were discussing in the office. There is not saying about may not. There's just, there's no doubt may. I know that in other couple of states I believe Kentucky has provided for it so it's, it's an open question and that's how our office viewed it as a, shall we say a murky open question but there's no explicit yes or no under the federal statute again with respect to the state law. Clearly, the general assembly can make that decision with respect to the state flag. Yep, I agree. Are there any questions about about this at all. I mean, we can. I guess if we put it in statute, then it is there and if we get in trouble for lowering the flag, we get in trouble and we change the statute. Not being a federal Dylan state, we can do what isn't prohibited. As opposed to the way we treat our towns, where they can only do what we allow. So, sir, columnar. And so I'd like Senator on to know that was my hesitancy to sign on to this. And I'm wondering whether she would be willing to strike the provision above the federal or the US flag and just leave the Vermont flag and if that were the case. I would definitely vote yes on the bill. I suppose I looked at Deborah if we can be less specific, but it would kind of be understood that the flags would be lowered. And we just wouldn't put something in statute that does something we don't have the authority to do. Fair question. I think they would probably still lower all the flags but we just wouldn't be directing them to do something that we don't have the authority to do. Would that make sense. Yeah, I believe that it should specifically say the Vermont flag. Okay, because of the murky question about. Yeah, I know that with the honor and remember flag that they were. You know, where it would fly and what day it would come down and, you know, we, yeah. And having been the, if I may, Madam chair, having been the drafter of the bill to which Deborah just referred, we were very careful in that drafting process not to mention the US flag. Okay, so if whatever you did in that context, I would be happy to do in this context I don't I'm looking at the chair because I don't want to prolong prolong this you know I don't know if it's a quick fix but certainly respect that and I forwarded an email from, you know, the parent who had requested this bill, more about the point of the day. So, you know, I don't think there was a real focus on the US flag as a as a poignant part of the observation. So, I'm just thinking out loud here but I don't see a problem with that. So, did Michael did you have some language. Well what I was thinking since it's somewhat different in that we don't have a specific flag the way we did for honor in America, you know, the Green Mountain boys. So, I'm just scribbling here on my sheet, we could say of that section 490 60 of this title that the Vermont State flag shall. Shout out get rid of the word each shall be flown and hop staff, etc, etc, for the balance of the sentence that we that the General Assembly clearly has the authority to do. And Mr. Patel also not a dissent. Right. The two of us had the same discussion several times. So does that. It seems to me that that doesn't necessarily weaken it and it still makes it a really big statement about the day. So can we do that. Yeah. Okay. I like the idea that the notice will go out to those 350 people around the state of Vermont to raise their awareness on that day. I like that a lot. And you know they'll either participate in lower their flags, or they will not. So, anyway, but a lot of people asked to be included on the distribution list. And you're right. Certainly will create awareness if they see some of that thing coming through all those 350 places. Yeah. And of course, I'm sure it will be published in the green books. Yeah, you're very much will be there. So, should we do this as an amendment. Is that the easiest way to do this. I can certainly put together an amendment for you madam chair. Whether you want me to do a strike all or just simply a short amendment to deal with that session. Maybe the strike all is the better way to do it so that it doesn't raise. Exactly. Yeah. All right, so I would like, if possible to just whip this out because, as we know, we are under some time constraints here. So it went, can I ask you what's a reasonable time. Probably should ask Mr Patel, what's a reasonable time to have this a strike all done by just striking out that one and getting it back to us. Yeah, I can do that by tomorrow or. Yeah, I can do that. Yeah. I'm going to put it to me, but I'd like to say, let's take a look at it before we send it to editing. What you're going to do is, I don't know if you've done this, you, you set it up as a, a strike all it's all in the system. And it's going to be the same bill, except as I said, it's going to take out the words, the U.S. flag. So that it will be read correctly. Awesome. Perfect. Can do. Perfect. So we will do that first thing tomorrow when we get back to committee so that we can get it up right away. Does that make sense. Everybody okay with that. Okay, great. Thank you. Okay, thank you. Thank you. Welcome, Mr. Patel. We haven't seen you here before. I should, we should have, you came on a little after we'd started, but we should introduce ourselves so that you know who we are. I'm Jeanette White from Wyndham County. I'm Anthony Polina from Washington County. Brian Collamore from Rutland County. I'm from Chittenden County and my fiance has a very big mustache that people appreciated when we went to India and who would absolutely love your mustache. I just have to say that. And, and I don't know what has happened to us. Oh, Senator Clarkson had to leave us. She's from Windsor County and she is a big fan of the Vermont law school. And if I can introduce myself. Yes, please. So hi my name is Mitchell Patel I'm a 3L at Vermont law school and currently I'm working as a clinician with the Office of Legislative Council, and I had the opportunity to work on this bill I was just mentioned so yeah it's been a pleasure. Thank you. Great. Thank you for the mustache compliment. Wish we were really in the state house in person so that we could actually meet you but. All right. Okay committee. Yes. Are we still taking up the Montpelier Charter today. Yep. H177. Yep. I'd love to get it voted out. Okay then Tucker would like to remind us that there was a draft that we were looking at an amendment that we were looking at last time we took this up. And I believe it's posted it's 1.1. It's on our website. Okay remind me what the amendment was again. So the bill has written and has come over from the house basically says I'll just read you the house sentence basically says that to vote in the Montpelier elections. You have to be a legal resident of the United States, etc, which means only non citizens it doesn't say you have to be a citizen to vote Montpelier they made a mistake by not putting that in. So the amendment would the amendment would add a phrase that says you they would insert insert the words a citizen of the United States or a legal resident of the United States. Otherwise, it's written it's only for non citizens. Right it seemed to apply that citizens couldn't, couldn't vote, couldn't vote. Right. Right. From the other chamber that way to. Yeah, I remember that. Okay. Do we have a proposal. I mean, a motion movement. Well, we have to do the amendment first. Committee amendment. Yes. Yeah, I mean that anything that comes out of the committee is a committee amendment. I mean, we're amending the committee is amending the bill. Right. Sorry about that. So I'd move that we adopt the amendment 1.1 for each 177. Okay. All right. Senator Ram, would you like to call the roll. Yes, should I text Senator Clark center just hold it. What is she doing again. Rules committee meeting I think join the rules. Why did they set them during committee time. Anyway, you're not missing your chairs meeting are you mad at your. No, it was canceled for today. Thank you. Okay. Yeah, if she could pop over here for one minute to vote that would be great. I can text it really quick. So I did text it or sometimes it's kind of an instantaneous response, but I don't know that she's seen the message yet. And I sent her an invitation from within the meeting to so maybe that'll pop up on her screen. Here she is. Hello, Senator Clarkson. In a flash back from joint roles. It's like time travel. Are you done there or did you just come back to vote. I just get back to vote because I was told to. Good. All right. So Senator Polina has moved that we amend. H177. As proposed in draft. 1.1. 1.1. Okay. So Senator Rom, if you would. But may I just ask a question? The motion's been made, but can we kind of just be reminded how we changed it? I'm totally forgot that we had changed it at all. The way it was written, it seemed to imply that only non-res, only non-citizen residents could vote that citizens couldn't vote. They kind of. Right. Okay. Thanks. It's, you know, it's been a week or two. And I just hit. Right. Thank you. Yes. Thank you. Thank you. Perfect. Senator Clarkson. Yes. Senator Collin. Yes. Senator Polina. Yes. Myself Senator Rom. Yes. Senator White. Yes. And that. Would you like to move that we. Report it favorably. So. Okay. Senator Clarkson. Yes. Senator Collin. No. Senator Polina. Yes. Senator. Yes. Senator. Yes. Senator. Yes. Senator. Yes. Senator. Yes. Senator. Yes. Senator. Yes. Yes. Senator. Senator. Yes. Senator White. Yes. Passes 410. Thank you. And Senator. Paulina. I assume you would like to report this. I will. Okay. Thank you. May I go back to rules.