Montpelier, Vt. - Governor Phil Scott announced action on the following bills, passed by the General Assembly.
On June 14, Governor Scott signed bills of the following titles:
- H.127, An act relating to sports wagering
- H.461, An act relating to making miscellaneous changes in education laws
- H.470, An act relating to miscellaneous amendments to alcoholic beverage laws
- H.480, An act relating to property valuation and reappraisals
- H.493, An act relating to capital construction and State bonding
When signing H.493 Governor Scott issued the following statement:
“The Capital Bill I signed today will yield dividends for years to come. In my Inaugural Address, I made clear one of my priorities was to use one-time surpluses for future required match funding, so that we can take full advantage of federal funding opportunities. This bill sets aside $32 million of surplus for clean water projects, which will draw down $375 million in federal dollars over the next several years. That incredible 12:1 ratio will support jobs, and community revitalization.
“I appreciate the House and Senate Institutions Committees, in particular chairs Senator Ingalls and Rep. Emmons, for their work with me and my team on this and many other beneficial initiatives in this year’s Capital Bill.”
When signing H.127 Governor Scott issued the following statement:
“I first proposed Vermont legalize sports betting several years ago and I’m happy the Legislature has come to an agreement, as well. We know many Vermonters already participate in the marketplace and bringing it above board provides important resources and consumer protections. Vermont now joins many other states who have made this move, and I want to thank Commissioner Knight and her team, as well as members of the Legislature for their collaborative approach on this issue.”
On June 14, Governor Scott allowed H.270, An act relating to miscellaneous amendments to the adult-use and medical cannabis programs, to become law without signature and sent the following letter to the General Assembly:
June 14, 2023
The Honorable Betsy Ann Wrask
Clerk of the Vermont House of Representatives
115 State Street
Montpelier, VT 05633
Dear Ms. Wrask:
Today I’m allowing H.270, An act relating to miscellaneous amendments to the adult-use and medical cannabis programs, to become law without my signature.
I’m concerned this bill repeals the sunset of the Cannabis Control Board (CCB), a change which appears minor, but in fact has substantive consequences for the principle of separation of powers.
I understand there is a need for an alternative structure for regulating controlled substances that remain federally illegal so that we do not compromise federal funding. However, when removing the sunset on the CCB, the statutory authority of the CCB needs to be clarified to ensure constitutionality and accountability to the governor.
Like the Department of Liquor and Lottery, the CCB exercises the police powers of the governor. It has investigators and enforcement agents. It has substantial rulemaking authority which affects the rights and obligations of licensees. The CCB is not a legislative body, nor is it quasi-judicial. The Legislature has no authority to delegate the Constitutional power of the governor to faithfully execute the laws to an entity that is now permanently independent of the executive branch and is, therefore, not accountable to the people of Vermont. Constitutionally, the CCB must be accountable to the governor as part of the Executive Branch.
My concerns have nothing to do with the capabilities of the current CCB. I believe my appointees have done a thorough job starting up and regulating the legal cannabis marketplace in Vermont. However, the current law establishes the CCB as an “independent commission” with its members vetted through a nominating board made up primarily of legislators who submit candidates to the governor. Once appointed, CCB members may only be removed for cause by the other two CCB members. The CCB has added staff, taken over the regulation of medical cannabis and the medical registry, and grown to be an approximately 22-member department. As an independent entity, the CCB regulates a multi-million-dollar industry with no oversight. Again, while I have complete confidence in the current CCB, this lack of oversight creates the risk for future mismanagement, conflicts of interest and other harmful impacts.
Fortunately, current law does not “notwithstand” applicable law which makes clear that the members of the CCB serve at the pleasure of the governor. For this reason, I’m letting this bill go into law without my signature because I’m confident the members of the CCB, and hopefully the Legislature, will work with me to pass legislation to make the modifications necessary to clarify the statutory authority of the CCB is constitutional.
Sincerely,
/s/
Philip B. Scott
Governor
On June 14, Governor Scott allowed H.165, An act relating to school food programs and universal school meals, to become law without his signature and sent the following letter to the General Assembly:
June 14, 2023
The Honorable Betsy Ann Wrask
Clerk of the Vermont House of Representatives
115 State Street
Montpelier, VT 05633
Dear Ms. Wrask:
Vermonters have made their ongoing concerns about the affordability of our state abundantly clear. Despite these concerns and my efforts, legislative action this year has added a new, approximately $100 million payroll tax; $20 million in unnecessary DMV fee increases; hundreds of millions in additional cost pressures that will come as a result of the override of my veto of the clean heat standard bill; an unsustainable $70 million increase in base budget spending over my recommendation; an eventual doubling of their own pay and benefits; and more.
With H.165, the Legislature has added $20-30 million in property tax pressure to pay for school meals for all students, including those from affluent families. This will be paid for by all Vermonters, including those with low incomes. That’s not progressive education funding policy, it’s regressive policy that hurts the very families we are trying to help.
I know a veto would in all reality be overridden, and further distract us from the work we should be prioritizing for our kids, like reversing pandemic learning loss; addressing declining math and reading scores; addressing youth mental health challenges (which inhibit learning); and more.
Therefore, I’m allowing H.165, An act relating to school food programs and universal school meals, to become law without my signature. And I ask the Legislature to rethink this sincere but regressive policy in the future, so working Vermonters are not paying for the meals of families who could better afford it.
Sincerely,
/s/
Philip B. Scott
Governor
To view a complete list of action on bills passed during the 2023 legislative session, click here.