2018 Vermont legislative session

2018 legislative sessions coverage
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Vermont State Legislature
General information
Type:	State legislature
Term limits:	None
Session start:	January 3, 2018
Session end:	May 13, 2018
Website:	Official Legislature Page
Leadership
Senate President:	David Zuckerman (D)
House Speaker:	Mitzi Johnson (D)
Majority Leader:	Senate: Becca Balint (D) House: Jill Krowinski (D)
Minority Leader:	Senate: Joe Benning (R) House: Donald Turner, Jr. (R)
Structure
Members:	30 (Senate), 150 (House)
Length of term:	2 years (Senate), 2 years (House)
Authority:	Section 7 of the Legislative Department of the Vermont Constitution
Salary:	$693.74/week + per diem
Elections
Redistricting:	Vermont Legislature has control

This page provides an overview of the 2018 Vermont State Legislature and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.

Conflict arose between Gov. Phil Scott (R) and the Vermont State Legislature over the state budget for the 2019 fiscal year. Scott vetoed two budget bills and allowed a third budget bill to become law without his signature. For more information on the budget conflict, click here.

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview[edit]

In 2018, the Vermont State Legislature was projected to be in session from January 3, 2018, through May 4, 2018. The session did not end on its projected date due to unfinished business including budget and tax bills. The legislature adjourned its regular session on May 13, 2018.^[1]

Gov. Phil Scott (R) convened a special session from May 23, 2018, to June 29, 2018, to discuss the state budget. Scott wanted to use one-time funds to avoid a property tax increase. The legislature proposed raising property tax rates and using the one-time funds to pay down debt on the state's teacher retirement fund. Click here for more information about the state budget.

Partisan control[edit]

Vermont was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here.

The following tables show the partisan breakdown of the Vermont State Legislature in the 2018 legislative session.

Senate[edit]

House[edit]

Leadership in 2018[edit]

Status of legislation[edit]

Regular session[edit]

January 4, 2018[edit]

Vermont House of Representatives approves marijuana legalization
Members of the Vermont House of Representatives approved a bill allowing individuals over the age of 21 to legally possess up to one ounce of marijuana and grow marijuana plants in their homes. The Vermont State Senate approved a separate version of the bill in 2017. The new version of the bill removed a study commission put in place by the state Senate, and the Senate needed to agree to the changes in order for the bill to be sent to Governor Phil Scott’s (R) desk. Scott previously indicated that he would be willing to sign marijuana legislation into law in early 2018. If approved, the law would take effect in July 2018. Read more here.

Update: The state Senate approved the legislation on January 10, 2018, and Gov. Phil Scott (R) signed it on January 22, 2018.

January 10, 2018[edit]

Vermont State Senate approves marijuana legalization
Members of the Vermont State Senate approved a bill previously passed by the state House allowing individuals over the age of 21 to legally possess up to one ounce of marijuana and grow marijuana plants in their homes. The state House's version of the bill removed a study commission previously put in place by the state Senate. The bill was sent to Governor Phil Scott’s (R) desk for his signature. Scott previously indicated that he would be willing to sign marijuana legislation into law in early 2018.^[2]

Update: Gov. Phil Scott (R) signed the bill on January 22, 2018.

January 22, 2018[edit]

Governor signs marijuana legislation
Vermont Governor Phil Scott (R) signed marijuana legislation into law, making Vermont the first state to legalize marijuana through the state legislature. The law permits the possession of up to one ounce of marijuana by individuals over the age of 21 and allows individuals to grow up to two marijuana plants in their homes. However, the law does not allow for retail sales of marijuana in the state. The law took effect on July 1, 2018. Read more here.^[3]

February 28, 2018[edit]

Vermont Senate unanimously passes legislation regarding extreme risk protection orders
The Vermont State Senate unanimously passed legislation that would allow law enforcement officers to obtain an extreme risk protection order. If approved by a judge, the order would allow the officer to seize firearms from an individual deemed to pose an extreme risk of injury to him- or herself or another person. An extreme protection order would allow police to seize firearms for 14 days with the possibility to extend the seizure depending on the results of a court hearing.

The bill had the support of Republican Governor Philip Scott and of groups such as the Vermont Federation of Sportsmen's Clubs and GunSense Vermont. The Vermont Federation of Sportsmen's Clubs describes its mission as to "preserve our right to hunt, fish, trap, and own firearms" and to "foster & encourage all the shooting sports."^[4] GunSense Vermont describes itself as a group of gun owners and non-gun owners who support changing the state's gun laws "that make it too easy for guns to fall into the wrong hands."^[5]

The bill passed 12 days after police arrested a teenager allegedly planning to conduct a school shooting in Fair Haven, Vermont. Read more here.

Update: The state House approved the bill on March 29, 2018, and Gov. Phil Scott (R) signed it on April 11, 2018.

See also: Extreme risk protection orders in state legislatures

March 27, 2018[edit]

Vermont House approves gun ownership restrictions
The Vermont House of Representatives voted 89 to 54 in favor of legislation that would:

• require private gun sales to be facilitated by a licensed firearms dealer who would have to perform a background check.
• raise the minimum age for purchasing firearms to 21.
• ban the manufacture, ownership, and sale of high-capacity magazines.
• prohibit possession of bump stocks.^[6]

The bill was sent to the state Senate for a vote on House amendments. The Senate previously approved the bill by a 17-to-13 vote on March 2. Republican Gov. Philip Scott expressed support for the legislation.^[7]

In a statement following the vote, the National Rifle Association said the bill "is a full-scale assault on the Second Amendment rights of Vermonters," and encouraged members to ask senators to vote against the legislation.^[8]

Representative Martin LaLonde (D), who supported the bill, said, "Banning bump stock attachments that turn semi-automatic weapons into automatic weapons is common sense. ... Additionally, banning the purchase of high-capacity magazines is a check on the number of rounds a person can fire. When we talk about keeping our schools and communities safe, this provision is the most important step this bill takes. As a hunter, I see this as common sense gun safety legislation."^[9] Read more here.

Update: The state Senate approved the legislation on March 30, 2018, and Gov. Phil Scott (R) signed it on April 11, 2018.

March 29, 2018[edit]

State House approves bill authorizing extreme risk protection orders
The Vermont House of Representatives unanimously approved S 221, a bill that would authorize extreme risk protection orders, in which law enforcement could seek a court order to confiscate weapons from a person deemed a risk to themselves or others. The House amended the bill by expanding the maximum seizure length from 60 days to six months.^[10] The Senate must agree to the House amendments for the bill to pass the legislature and be sent to the governor.

Update: The state Senate agreed to House amendments on April 5, 2018, and Gov. Phil Scott (R) signed the legislation on April 11, 2018.

See also: Extreme risk protection orders in state legislatures

March 30, 2018[edit]

Vermont Senate approves firearm legislation
The Vermont State Senate approved a package of legislation related to firearms. The legislation would raise the legal age of purchasing guns, require background checks for private gun sales, prohibit bump stocks, and ban high-capacity magazines. The legislation passed, 17 to 13. The state House advanced the legislation on March 27 by an 89-54 vote.^[11]

Update: Gov. Phil Scott (R) signed the legislation on April 11, 2018.

April 11, 2018[edit]

Gov. Scott signs firearm legislation into law
Republican Gov. Phil Scott signed three bills related to firearms.

• S 221 authorizes extreme risk protection orders, in which law enforcement can confiscate weapons from individuals deemed by a court to be a threat to themselves or others.

• H 422 allows law enforcement to confiscate weapons from individuals arrested or cited for domestic assault if the individual is in immediate possession of the weapon, the weapon is visible to the officer, or the weapon is discovered during a legal search.^[12]

• S 55 increases the firearm purchase age from 18 to 21. It also requires background checks on private gun sales and prohibits the sale of high-capacity magazines, beginning October 1.^[13]

According to NBC 5, Gov. Scott signed the bills on the steps of the state house before a crowd divided into groups of supporters and opponents. NBC 5 reported that supporters applauded the governor and held signs that read, "Thank you!" while opponents "appeared unpersuaded, yelling and shouting," calling the governor "a traitor and a liar for changing his view on the gun issue," and holding "signs promising to 'Remember in November.'"^[13]

In his remarks, Gov. Scott explained that he owned guns and supported gun ownership but changed his views on legislation after he learned of a planned school shooting in Vermont. He said he understood that some residents were "disappointed and angry. I understand I may lose support over the decision to sign these bills today. Those are consequences I’m prepared to live with."^[14] Read more here.

April 19, 2018[edit]

State House approves amended version of bill related to net neutrality rules
The Vermont House of Representatives approved amendments to S 289. The amended version of S 289 would require the attorney general of Vermont to review and determine if internet service providers (ISPs) complied with rules contained in the Federal Communications Commission's 2015 Open Internet Order, also referred to as net neutrality rules. The 2015 Open Internet Order prohibited ISPs from blocking or slowing web traffic or providing paid internet fast lanes. The order was repealed in 2018.

S 289 would also task the attorney general and the state Department of Public Service with submitting recommendations to the Senate and House on whether net neutrality rules should be enacted in Vermont.^[15]

The Vermont State Senate approved the original version of S 289 on February 2. The original version would have required the state to contract with ISPs found to adhere to net neutrality principles.^[16]

Update: The state Senate and House agreed to a compromise bill on May 12, 2018, and Gov. Phil Scott (R) signed the legislation on May 22, 2018.

See also: Net neutrality responses by state

May 16, 2018[edit]

Vermont becomes first state to pass bill allowing wholesale importation of prescription drugs
Gov. Phil Scott (R) signed S 175. The legislation was unanimously approved in the Senate on March 1 and passed in the House by a 141-2 vote on May 2. The Senate unanimously concurred House amendments on May 7.

S 175 directs the state Agency of Human Services to design a program to import wholesale prescription drugs from Canada. Drugs included in the program would have to meet U.S. Food and Drug Administration (FDA) standards and "generate substantial savings for Vermont consumers." The agency was required to submit a program proposal to the legislature by January 1, 2019, and a formal request to the U.S. Department of Health and Human Services by July 1, 2019. The bill limited the agency from implementing the program until the General Assembly enacted legislation establishing a charge per prescription.

CNN reported that it was unclear whether the federal government would approve the plan. Health and Human Services Secretary Alex Azar said he did not think the idea would work. Azar said Canada didn't have enough drugs to sell to the U.S. for less money and added that the FDA was concerned there would be no way to verify that drugs were from Canada and not "routed from a counterfeit factory in China." Caitlin Carroll, a spokeswoman for Pharmaceutical Research and Manufacturers of America (PhRMA), a 501(c)(6) nonprofit organization that aims to represent the biopharmaceutical industry in the United States and around the world, agreed: "It is highly irresponsible for Vermont legislators to promote an importation scheme that would create more avenues for counterfeit drugs to enter the country in the middle of an unprecedented opioid crisis."^[17]

Bill co-sponsor Sen. Virginia Lyons (D) said, "We've found that drugs from Canada are very safe and the equivalent of FDA-approved, and we could keep our costs down by having our own wholesale importer and allow our people to buy at this reduced cost. It's about time that happened."^[17]

May 22, 2018[edit]

Gov. Scott signs net neutrality-related legislation
On May 22, 2018, Vermont Gov. Phil Scott (R) signed legislation requiring ISPs doing business with the state to follow net neutrality principles. The bill passed the state Senate on February 2, 2018, and the state House on April 19, 2018. Both chambers agreed to amendments on May 12, 2018.

Special session, May 23 to June 29[edit]

Gov. Phil Scott (R) called a special session to convene on May 23, 2018. The governor wrote in a letter to House Speaker Mitzi Johnson (D) and Senate President Pro Tempore Tim Ashe (D) that he wanted to reach an agreement to avoid a property tax increase. The governor called the session following the legislature's approval of budget and tax bills that would raise property tax rates by 2.6 cents for residents and 5.5 cents for businesses. Legislators proposed using $33 million in one-time funds to pay down debt on the state's teacher retirement fund, but Scott wanted to use the funds to prevent property tax rates from rising.^[18] Read more here.

Budget[edit]

2018[edit]

Gov. Phil Scott (R) vetoed two budget bills and allowed the third budget bill to become law without his signature. At issue were property taxes and the use of one-time funds. The governor vowed he would not sign a budget that did not use the one-time funds to keep property tax rates from increasing while the legislature proposed bills that raised property tax rates.

May 25, 2018: Gov. Scott vetoes first budget bill
On May 25, 2018, Republican Gov. Phil Scott vetoed a $5.8 billion budget bill—a 0.5 percent increase over the previous year. The Democratic-controlled Vermont General Assembly approved the bill on May 12, 2018. It would have allocated $34.5 million to the teachers' retirement fund and $9 million to address a shortage of mental health and substance abuse professionals. It also would have removed a tax on social security benefits, provided free college tuition for Vermont National Guard members, and aligned the state tax code with the federal tax code.^[1]

Lawmakers and the governor disagreed about property taxes. The budget bill approved by the legislature did not include the governor's proposal to use $58 million in revenue to lower property tax rates. Rather, lawmakers approved a measure that would raise property tax rates for homeowners by 2.6 cents and by 5.5 cents for nonresidential property taxpayers.^[1][19]

House Speaker Mitzi Johnson (D) and Senate President Pro Tem Tim Ashe (D) accused the governor's office of disengagement during the legislative process.^[20] In a press release, the governor said, "After years of taxes being raised and new taxes introduced, Vermonters need a break. That’s why in my first term as Governor, I’ve been clear: I will not sign a budget or bill that increases taxes, including property tax rates."^[21] Read more here.

June 14, 2018: Gov. Scott vetoes second budget bill
On June 14, 2018, Gov. Phil Scott (R) vetoed H 13, a revised budget bill that the House approved 83-40 on June 5, 2018, and the Senate approved 22-3 two days later. At issue was the use of $34 million in one-time funds and property tax rates. Gov. Scott vetoed the first budget bill on May 25, 2018, because it would have raised property taxes. He told the legislature he would not sign a budget that did not use the one-time funds to keep property tax rates flat. Lawmakers responded that to spend the money this way would be wasteful. They also said the provisions he objected to in the first budget were not present in HB 13.^[22]

In a letter to legislative leaders, Scott said, "Without a commitment from legislative leaders that we can achieve level property tax rates, or an amendment that would prevent the automatic 5.5 cent property tax rate increase on non-residential payers, I cannot support H.13."

Senate President Pro Tem Tim Ashe (D) and House Speaker Mitzi Johnson (D) said in a joint statement that in vetoing H 13, the governor rejected measures that he supported and ignored that the budget "does not increase a single tax rate, nor does it include anything the Governor opposes. The bill reflects movement by the Legislature toward the Governor, while the Governor has not made a single concession."^[23]

The fiscal year ended on June 30, meaning the government needed to approve a budget or face a shutdown. Scott said neither the legislature nor the administration wanted to shut down the government and indicated the legislature would be able to make appropriations even if there was no official budget. "We will utilize every possible means within our constitutional authority to keep services going," Scott said. State Treasurer Elizabeth Pearce encouraged the two sides to find a solution, saying a shutdown could negatively impact the state's credit rating.^[22][24] Read more here.

June 19, 2018: Vermont House fails to override budget veto
On June 19, 2018, the Democratic-majority Vermont House of Representatives failed to override Republican Gov. Phil Scott's second budget veto. The 90-51 vote was five short of the two-thirds majority needed to pass the budget despite the governor's objections. Five Republican House members who had supported the budget bill voted against the override.^[25] The House needed to pass a third budget bill before July 1 to avoid a government shutdown.

Lawmakers and the governor disagreed about the use of one-time funds and property tax rates. House Minority Leader Don Turner (R) said, "I stand with the governor and hardworking Vermonters to oppose this unnecessary increase in property taxes." Rep. Kitty Toll (D), chairwoman of the House Appropriations Committee, said it was "irresponsible to use our state budget as a pawn" and expressed disappointment with the vote: "Partisan politics should never come before the needs of our constituents. Vermonters rely on government for many aspects of their lives, and we have let them down today."^[26][27]

June 21, 2018: State Senate unanimously approves third budget bill
The Vermont State Senate unanimously approved a third budget bill on June 21, 2018. Gov. Phil Scott (R), who vetoed the two previous budget bills, said he would not support the third bill because of a tax rate increase included in the legislation. Republican legislators disagreed with the governor, saying it was a responsible budget and encouraging Scott to change his mind. The bill was sent to the state House for consideration.

The bill would raise property taxes on non-residential property by 4.5 cents, expand the Social Security tax exemption, allocate all revenue from state taxes to the education fund, require a comprehensive review of state taxes, and dedicate $14.1 million for a contribution to the state teachers' pension obligation.^[28]

June 25, 2018: Legislature approves budget, Scott to allow bill to become law without signature
On June 25, 2018, Gov. Phil Scott (R) announced that he would allow a third budget bill approved by the state Legislature to become law without his signature. According to Seven Days, the bill resembled the one Scott vetoed on June 14, 2018. Scott voiced disappointment that the bill did not contain a compromise with Democratic lawmakers that fell apart on June 22. Senate President Pro Tem Tim Ashe (D) said the budget "represents a compromise that most members of the public would say is a fair balance" between the governor and the legislature. The bill used one-time funds to prevent residential property taxes from increasing but allowed nonresidential property taxes to rise by 4.5 cents. It also included a provision to create a teacher health benefit as well as a task force to reduce staff-to-student ratios at preK-12 schools.^[29][30][31]

Process[edit]

See also: Vermont state budget and finances

Vermont on

Check out Ballotpedia articles about policy in your state on:

Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:^[32]

1. Budget instructions are sent to state agencies in August or September of the year preceding the start of the new fiscal year.
2. Agencies submit their budget requests to the governor in October.
3. Agency hearings are held in October and November.
4. The governor submits his or her proposed budget to the state legislature in January.
5. The legislature typically passes a budget in May. A simple majority is required to pass a budget. The fiscal year begins July 1.

In Vermont, the governor cannot exercise veto authority over the budget.^[32]

The governor is not legally required to submit—and the legislature is not legally required to pass—a balanced budget.^[32]

See also[edit]

Elections	Vermont State Government	State Legislatures	State Politics
Vermont State Senate elections, 2018 Vermont State Senate elections, 2016	Vermont State Legislature Vermont House of Representatives Governor of Vermont Vermont Supreme Court	State legislative elections, 2018 State legislative elections, 2017 State legislative special elections, 2017 State legislative elections, 2016	State government trifectas State government triplexes State executives State courts Ballot measures

External links[edit]

• Vermont General Assembly

Footnotes[edit]

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