Despite misgivings, Scott allows bill to pass into law without his signature

by Guy Page

Gov. Phil Scott has allowed to pass into law without his signature H.649, allowing the $1.1 million governmental body called the Vermont Truth & Reconciliation Commission to meet without the full protection of Vermont’s Open Meeting law.

The bill allows members of affinity groups to testify in secret about their concerns about and experience with discrimination. Also, meetings of the commission are not required to meet in person, and when ‘material threats’ are believed to be present, the meeting can be closed. The meeting will be recorded and the recording subject to a public records request.

The Vermont Truth and Reconciliation Commission, patterned after the South African model, was created in 2022 to “examine and begin the process of dismantling institutional, structural, and systemic discrimination in Vermont, both past and present, that has been caused or permitted by State laws and policies.” The commission pursues “community-centered, justice and holistic healing for individuals who identify as Native American or Indigenous; those with physical, psychiatric, or mental conditions or disability, and the families of individuals with the physical, psychiatric or mental health condition or disability; Black individuals and other individuals of color; Individuals with French Canadian, French-Indian or other mixed ethnic or racial heritage; Other populations and communities at the discretion of the Commissioners.”

“This bill carves out an exception from the Open Meeting Law for Commission deliberations,” Scott wrote in a letter to the Legislature. “This means there will be no consideration of the Commission’s deliberations of evidence or testimony, or discussions of the reasons for or against the commission’s acts or decisions…..I understand that the politics are sensitive, but knowing what the government is doing and how it’s doing it is fundamental to a healthy, functional democracy regardless of the politics.”

Perhaps leaving the door open to a court challenge, Scott also quotes a Vermont State Supreme Court decision on the importance of open government.

H.649 passed by an apparently veto-proof margin in the Legislature. It cleared the House on a voice vote (no roll call requested) and then passed the Senate on a 21-6 margin.

The closed-meeting law in an Open Meeting state continues a trend in the Legislature, where the House last year allowed the probe into the impeachment of Franklin County Sheriff John Grismore to meet behind closed doors. In both the impeachment probe and H.649, closed-door supporters said they needed to protect Vermonters giving sensitive and controversial testimony.

Scott also signed into law with a letter of approval H.606, allowing professional licensure “regardless of that individual’s immigration status.” VDC will provide more information on this law in an upcoming edition.

The following 2024 bills have been signed into law, allowed to pass into law, or vetoed by Gov. Phil Scott. For more information on individual bills, go to www.legislature.vermont.gov.

May 13
Signed H.27, coercive controlling behavior and abuse prevention orders
Signed H.350, the Uniform Directed Trust Act
Signed H.606, professional licensure and immigration status
Signed H.629, changes to property tax abatement and tax sales
Allowed H.649, the Vermont Truth and Reconciliation Commission, to become law without his signature | Letter
Signed H.861, reimbursement parity for health care services delivered in person, by telemedicine, and by audio-only telephone and extending time for flood abatement reimbursement
Signed H.884, the modernization of governance for the St. Albans Cemetery Association

May 7
Signed H.40, nonconsensual removal of or tampering with a condom
Signed H.664, designating a State Mushroom
Signed H.694, sexual exploitation

May 6
Signed S.109, Medicaid coverage for doula services
Signed S.187, student application of sunscreen
Signed S.199, mergers and governance of communications union districts

April 29
Signed H.666, escrow deposit bonds

April 25
Signed H.363, prohibiting discrimination based on certain hair types and styles
Signed H.603, the poultry slaughter exception to inspection
Signed H.621, health insurance coverage for diagnostic breast imaging
Signed H.741, health insurance coverage for colorectal cancer screening

April 23
Signed H.543, Vermont’s adoption of the Social Work Licensure Compact and to emergency housing eligibility documentation

April 22
Signed S.190, statements made by a child victim of an offense involving serious bodily injury
Signed S.278, prohibiting a comparative negligence defense in an action for a negligence claim relating to a sexual act or sexual conduct

April 16
Signed H.554, approval of the adoption of the charter of the Town of South Hero

April 3
Vetoed S.18, banning flavored tobacco products and e-liquids, and sent the following letter to the General Assembly

March 29
Signed H.518, the approval of amendments to the charter of the Town of Essex
Signed H.801, the adoption of the charter of the Town of Waterbury

March 27
Signed H.469, remote and electronic processes for executing an advance directive

March 13
Signed H.516, approval of amendments to the charter of the City of Essex Junction
Signed H.839, fiscal year 2024 budget adjustments | Statement

March 4
Signed S.154, the Vermont State Plane Coordinate System
Signed H.849, technical corrections for the 2024 legislative session

February 22
Signed H.850, transitioning education financing to the new system for pupil weighting. | Statement

February 20
Signed H.599, retroactively reinstating 10 V.S.A. § 6081(b)

February 7
Signed S.160, State education property taxes and flood-related damage

February 1
Signed S.141, approval of the charter of Fairfax Fire District No. 1