Rep. Curt Taylor's Session Journal

Before the Veto Session: June 20th, 21st, 22nd

The Veto Session

The Governor has vetoed eight bills. The General Assembly will meet at the Capitol on June 20th to begin a three-day veto session. The vetoed bills that originated in the House (they begin with an "H" as in H.494) were returned House. Likewise for the Senate. If leadership in either body determines that the there is no chance of a bill's veto being overridden, then there may not be a vote on that bill. The order that the bills are taken up is up to leadership in each body.

The first critical vote will be at the very beginning of the veto session. The process for considering a bill is that it is first put on the Notice Calendar. That means it will be taken up the next day. On June 20th all the vetoed House bills will be on the House notice calendar which means they can't be considered until June 21st. However, the House (and Senate as well) can vote to suspend rules and take the bill off the Notice Calendar for immediate consideration. That vote requires that three-quarters of the members present must vote to do so, and will therefor require consent by 113 members if all are present. That's more than the Democrats and Progressives combined. It is unlikely that a rule suspension will be voted down.

With the vetoed bills pulled off the notice calendar, the override votes can proceed. The Vermont Constitution states: "If . . . two-thirds of the members present of that House shall pass the bill, it shall, together with the objections, be sent to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present of that House, it shall become a law." Assuming all Representatives and Senators are present, that's 100 "yes" vote in the House and thirty in the Senate.

Vetoed bills are unique in that there can be no amendments, no last minute changes. They are up-or-down votes. If the veto override vote fails in either the House or the Senate, the bill is dead. However, the veto session is really just an extension of the regular session. New bills can be introduced. Old bills can be considered and/or amended.

Basically, the governor has three options when considering a bill: sign it into law, veto it and send it back to the General Assembly with his objections, or he can ignore it for five days, in which case it becomes law without his signature. 

This page deals with the bills the Governor has chosen to veto. When possible, the explanation includes the House and Senate floor votes when it passed each body. That is some indication of how the veto vote will go, though it is not a foolproof predictor. Sometime people who voted against a bill will vote to override because they feel the General Assembly, as a whole, supported the bill and the Governor's reasons for vetoing it are not sufficient. Others, particularly those in the same party as the governor, may change their original floor "yes"  vote to a "no" on the veto override because they want to show solidarity with the party or because they think the Governor's reasons for the veto are valid. All bets are off.

The Vermont Constitution also states that the votes to override must be roll-call votes. For each bill there will be a half-hour roll-call vote with the name of each member being called off alphabetically and their vote recorded. All members in their seats must vote one way or the other. A member can "take a walk" and leave the chamber to avoid a vote. The Clerk will read through the list of members requesting the vote. After the first pass, the Clerk will go back and give those that had missed the first round a chance to record their vote. It's possible for a member to leave the chamber, miss the first round, and come back for the second round after seeing how everyone else has voted and if the override will likely succeed or not. 

The Vetoed Bills

H.494 - The State Budget

House vote: Yeas = 90, Nays = 53

Senate vote: Passed with a voice vote

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea

The most important bill vetoed by the governor is H.494: "An act relating to making appropriations for the support of government." That bill details how the $8.4 billion State budget is distributed throughout the state and among the governmental agencies, designative agencies, granting programs, and a lot of etc.

My post from when the bill was vetoed best explains the bill and the options for it's future. Without the passage of a budget the State cannot write checks for Fiscal Year 2024 expenditures after June 30th. 

H.217 - Child Care

H.217 is an act relating to child care, and early education. 

House vote: Yeas = 118, Nays = 27

Senate vote: Yeas = 24, Nays = 6

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea

The purpose of the bill is to transform child care in Vermont. That means bringing the Early Care and Education (ECE) systems in Vermont up to the level of professionalism attained by the public schools. The most controversial portion of the bill is a new .44% payroll tax on wages to fund the changes to ECE. The employer will pay three-fourths  and the employee one-fourth. The bill also expands eligibility for those receiving financial assistance from the Child Care Financial Assistance Program (CCFAP) and increases the reimbursement child care providers receive from that program. 

The bill proposes the following:

Worker Compensation Rate of Contribution

Unemployment Insurance (UI)

H.305 - Office of Professional Regulation Fees

H.305 - An act relating to professions and occupations regulated by the Office of Professional Regulation (OPR)

House vote: Passed by voice vote

Senate vote: Passed by voice vote

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea


H.305 raises fees in the Office of Professional Regulation (OPR) within the Office of the Secretary of State. Most fees have not been raised since about 2019, and some since 2013. The increase is based on the Personal Consumption Expenditures (PCE) Index. 

The bill also proposes the State enter into the Psychology Interjurisdictional Compact (PSYPACT), which allows licensed psychologists residing in a compact member state to practice in other compact member states. There were several bills passed in the Legislature this session relating to Licensure Compacts. Joining the Compacts should help alleviate the shortage of health care professionals in the State. The fee increase is the reason for the veto.

Generally, the Office of Professional Regulation is supported by the various fees collected. Recently the fees have not covered the expenses. The Governor would cover any shortfalls in the department with General Fund dollars while the General Assembly wants to raise fees. 

This testimony from the Deputy Secretary of State shows which fees are raised, and by how much. The Joint Fiscal Office produced a fiscal note on the bill which states that revenues from the fee increases should be about $3.5 million a year.

H.386 - Amendments to the charter of the Town of Brattleboro

H.386 amends Brattleboro's charter. 

House vote: Yeas = 103, Nays = 33

Senate vote: Yeas = 18, Nays = 10

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea

This bill defines a Youth Voter in Brattleboro as  "any person who is 16 to 18 years of age and is otherwise qualified to vote in Town elections." The Youth Voter would be able to vote in all Brattleboro Town elections and serve as a delegate to the Brattleboro's unique representative town meeting. They would not vote in Federal, Statewide or school budget elections. The Governor notes how State laws differ significantly in what might be considered an age of maturity: at what age a person can purchase tobacco, get married, drive a car, etc. There is not one age at which the legislature considers a person to be an adult.

The substance of this bill has been around since 2015. Last session H.361 proposed to create the same "Youth Voter" category for Brattleboro. The Governor vetoed H.361.  That veto was overturned by the House, but sustained by the Senate. When the charter change was first proposed at Brattleboro's town meeting of March of 2015 the results where 679 in favor and 390 opposed. In 2019 the amendment was brought before the town again. The results were 908 to 408 in favor.

I voted in favor because, in general, if a Town wants to try something, I'm inclined to let them go ahead unless it violates the federal or state constitution. Whether H.386 violates the State constitution is a discussion point.

H.509 - Amendments to the voter qualification provisions of the charter of the City of Burlington

Each biennium Burlington seems to have charter changes. This one (H.509) allows legal residents that are not U.S. citizen to vote in Burlington's local elections: municipal and school district.

House vote: Yeas = 105, Nays = 33

Senate vote: Yeas = 21, Nays = 8

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea

The Governor does not like there being different voter qualifications for different towns. 

H.509 does not allow non-citizens to vote in State or Federal elections. The voters of Burlington approved the charter change by a vote of 7,143 (67.97%) to 3,366 (32.03%)

S.6 - law enforcement interrogation policies

S.6 deals with law enforcement interrogation techniques when youth (under 22) are involved.

House vote: Passed with a voice vote

Senate vote: Passed with a voice vote

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea


The stated intent of S.6 is as follows:

It is the intent of the General Assembly to prevent false confessions and wrongful convictions of individuals subject to law enforcement interrogation and to improve trust between Vermont’s communities and law enforcement. To achieve these objectives, it is the further intent of the General Assembly to create a minimum set of law enforcement interrogation standards that incorporate evidence-based best practices by: 

(1) prohibiting law enforcement’s use of threats, physical harm, and deception during custodial interrogations of persons under 22 years of age; and 

(2) mandating that the Vermont Criminal Justice Council develop, adopt, and enforce a statewide model interrogation policy that applies to all Vermont law enforcement agencies and constables exercising law enforcement authority.

This bill requires the electronic recording of all custodial interrogations unless outside the place of detention and impracticable. There are exceptions.

Basically, the bill says that if an interrogation is conducted with a person less than 22 years of age, the law enforcement office cannot not employ "threats, physical harm, or deception." The bill also stipulates that by January 1 of 2024 the Vermont Criminal Justice Council (VCJC) "shall establish one cohesive evidence-based model interrogation policy for law enforcement agencies and constables to adopt, follow, and enforce as part of the agency’s or constable’s own interrogation policy." And if the VCJC does not follow through, it will be ineligible for State grants. By April of 2024 all law enforcement agencies must adopt a policy based on the model developed. The Governor thinks this will make it more difficult to catch crooks.

Opposition

Some law enforcement agencies (Association of Chiefs of Police, the Department of Public Safety, and the Attorney General’s Office) opposed parts of the bill. They wanted the top age to be 18 rather than 22 and felt that there are already enough legal protections to prevent abuse.

S.39 A pay raise for the Legislature

S.39 relates to compensation and benefits for members of the Vermont General Assembly. The Governor does not think it fair to raise taxes and fees and then to approve a pay raise.

House vote: Amendments failed with votes of about 102 to 44. 

Senate vote: Several related votes were in the 19 to 10 range

Governor's veto message: Link

My vote: Yea

How I will probably vote on the veto override: Yea


I explained the bill an my reasons for voting in favor in a previous post.


S.5 - Affordable heat standard

This bill was vetoed by the Governor, but overridden before the close of the session in May. It is now Act 18 and has become law.