Final Reading: Groundhog Day

Rep. Lawrence Cupoli, R-Rutland, speaks on the phone outside the House of Representatives’ chamber at the Statehouse in Montpelier on Jan. 21. Photo by Glenn Russell/VTDigger

In case you missed it, yesterday was Groundhog Day. And little Mr. Punxsutawney Phil predicted six more weeks of winter. Jerk.

But “Groundhog Day” — the lovely 1993 comedy in which Bill Murray relives the same day over and over again — got another, day-late recognition in a meeting of the House Committee on Commerce and Economic Development on Thursday morning, because of … land records.

To be honest, a meeting about digitizing local land records seemed like it would be pretty boring. I almost skipped it. The committee even started off with a little self-burn: When a witness, attorney Andrew Mikell, warned his testimony might run a bit dry and technical, someone in the committee room piped up, “Mr. Mikell, I must remind you this is House Commerce. We’re used to some pretty dull information.”

But Mikell has been working with Vermont officials on this issue for the past 25 years, he said. And this time, the man brought receipts. He proceeded to list all the times Vermont leaders have studied land record digitization over the past two and a half decades.

In 1997, he said, the Legislature formed a committee to look into land record digitization. It filed a report in 1999.

“Nothing happened,” Mikell said.

In 1998, the Legislature instructed the secretary of state to assess the condition of municipal records, he said.

“A detailed report was submitted,” Mikell said. “Nothing happened.”

In 1999, the Legislature formed a committee, Mikell said, which also submitted a report. Mikell acknowledged that some digitization happened after that, “so we’ll put a checkmark in that column,” Mikell said.

OK, partial credit.

In 2002, there was a joint publication by the Secretary of State’s Office and the Vermont Municipal Clerks’ and Treasurers’ Association.

“I spent many days and weeks of my life as part of that task force. I actively participated. I published it. I was very, very excited about it,” Mikell said. “In the last 20 years since that was published, nothing’s happened.”

In 2003, there was another committee, on which Mikell also served. It also filed a report.

“I told you,” Mikell said. “We’re stuck in Groundhog Day.”

In 2004, an executive order created a commission to handle the issue — “basically what this bill has in front of you, only 18 years ago,” Mikell said. “So the wheel was invented, as a practical matter, in 2004.”

The commission filed a report in 2006, and has “never (been) heard from since,” he said.

In 2013, the Secretary of State’s Office took it up again, under a new banner: strategic plan.

“So here we are. We’re in 2022,” Mikell said. “We’re 25 years into this, and at the risk of repeating myself — Groundhog Day.”

Six more weeks of winter. And perhaps six more years of paper records.

— Riley Robinson

IN THE KNOW

The Vermont Legislature is one step closer to strengthening background checks for those purchasing firearms and banning them from hospitals.

The Senate on Thursday approved the latest version of S.30 by a vote of 21-9 and sent it back to the House with minor changes.

When it first passed the Senate last year, the bill prohibited guns from hospitals and ordered up a study of whether to ban them from the Capitol Complex. But last week the House added a major new provision closing the so-called “Charleston Loophole.” The change would ensure that a federal criminal background check comes back clean before a firearm is sold.

“This bill has had a long road,” said Sen. Phil Baruth, D/P-Chittenden, who introduced it last year.

— Ethan Weinstein

The Senate Judiciary Committee still isn’t finished with its work on S.254, which would end qualified immunity — a legal doctrine that protects public servants from facing litigation for violating citizens’ civil rights while on the job — for Vermont police officers.

If passed, the bill would be a hallmark piece of legislation for its lead sponsors, Sen. Dick Sears, D-Bennington, and Senate President Pro Tempore Becca Balint, D-Windham. Few other states have achieved the same. While they and other proponents say the bill would protect Vermonters in cases of police brutality, law enforcement groups warn that it could result in open season for lawsuits against police officers.

Tucker Jones, the Department of Public Safety’s assistant general counsel, on Thursday urged committee members to reject the bill, citing concerns over a potential rise in petty lawsuits against officers and departments. And anyway, he said, the U.S. Second Circuit Court “is applying this doctrine in a more balanced and fair manner than I think we realize, and they do not hesitate to deny qualified immunity to officers in appropriate cases.”

“This bill, however, disrupts that balance that the courts have struck, exposing the state to a potential civil lawsuit following every roadside stop,” Jones said. “Or any other interaction has the potential to create a flood of litigation for every alleged constitutional violation, and to burden taxpayers with the cost of defending all of those suits.”

Proponents of the bill have said in previous hearings that such arguments against the measure are common, but that good cops have nothing to worry about. Should qualified immunity dissolve, only cops in the wrong would face litigation, they claim.

Sears said at the conclusion of Thursday’s hearing that he hopes to wrap up testimony on the bill next week.

— Sarah Mearhoff

ON THE MOVE

S.113, the medical monitoring bill, is officially headed over to the House. The Senate passed the measure on third reading Thursday without amendments. The vote was 30-0.

Scott has repeatedly vetoed similar bills in the past, and administration officials do not sound much more amenable to this particular iteration.

— Lola Duffort

MAILBAG

A loyal Final Reader emailed us to praise this newsletter but appended the following rebuke:

Lately, however, I’ve been disappointed not to see what’s on the menu in the cafeteria. It helps paint the picture of daily goings on in the capitol. It’s a dessert after having dutifully slogged through our civics vegetables for the day. Hope you bring it back.

Editor’s note: Senior management at VTDigger dot org couldn’t agree more and have informed the Final Writers that they’ll be on thin ice if we don’t hear from Chef Bryant again soon.

— Paul Heintz