UNPRECEDENTED

Leonine Public Affairs As with all aspects of life in Vermont, the tenth week of the 2020 legislative session was unprecedented in nature and unlike any week in modern history. The novel COVID-19 pandemic caused the Vermont statehouse to shut down. In the grand scheme of things this was a minor event because over the past week Governor Phil Scott has ordered the shut-down of the state’s schools, licensed child care centers, bars and restaurants and prohibited non-essential gatherings of more than 50 people as the virus spreads rapidly throughout the state. Hospitals and healthcare providers are bracing for what is expected to be a wave of infections that will strain resources while large portions of the workforce grapple with sudden unemployment. Vermonters are being encouraged to practice social distancing and stay home as much as possible.

Governor Scott declared a state of emergency on Friday, March 13. Declaring a state of emergency allows the executive branch additional authority to take action and implement policy during the duration of a crisis. Scott also announced that all schools would close starting on Wednesday of this week. Schools are cancelled until April 9 but it seems very possible they will remain closed for the rest of the school year. This follows the voluntary closure of universities and colleges around the state. Under guidance from the Agency of Education, teachers are expected to provide their students with trackable work so that students can complete assignments online and teachers can track the work and progress of their students. While there are 175 days mandated in a Vermont school year, the State Board of Education recently granted the Secretary of Education the authority to waive school days should that become necessary.

The Scott Administration designated a list of essential personnelwho qualify for state-funded childcare during the emergency. The list includes health care workers, grocery store staff, firefighters and manufacturers of emergency equipment among others. The Agency of Education is working with the supervisory unions to employ teachers to provide childcare for essential personnel. The Vermont NEA, however, has expressed grave concerns over having their members working in environments otherwise deemed a public health risk by the Department of Health.

Due to high call volumes, the Department of Labor launched a new web portal for unemployment insurance applications. There have been discussions on how to best support businesses impacted by the pandemic. Some measures being considered are long-term, low interest loans and the waiver of penalties and interest on late payments for meals and rooms taxes and sales and use taxes. The Department of Taxes is working to implement a process to postpone payment of state income taxes until midsummer, which would mirror a new policy adopted by the federal government.

On Thursday, Governor Scott issued an executive order effective immediately allowing restaurants to provide “to-go” orders of alcoholic beverages with the purchase of food. These restaurants will also be permitted to deliver drinks to their customers who are over 21 years of age. Under this directive, licensed retail stores are also permitted to deliver beer, wine and liquor. This order will continue through April 15 though it could potentially be extended beyond that date.

While the statehouse shut down, the legislature remained active this week. The Joint Rules Committee, which includes leaders from both chambers, is holding daily calls to discuss the crisis. Some Senate committees have been meeting via teleconference to discuss emergency legislation that was passed by the House last Friday.

One major challenge for the legislature is that while they can discuss policy responses to COVID-19, they are unable to vote on proposals unless they are physically present. To pass the emergency legislation the Senate would need to reconvene in Montpelier and at the very least vote to concur with the House-passed emergency language. As of Friday, it appeared both the House and Senate would have to return to the statehouse in some form to be able to act on emergency legislation granting the administration the full breadth of authority it will need to address the crisis.

The legislature is considering a change in their rules that would allow legislative committees to make decisions remotely, including voting on bills. The Senate Government Operations Committee is also considering amending the state’s open meeting law to allow for public meetings to continue remotely during the COVID-19 crisis as long as members of the public are able to listen in.

While we don’t usually mention our work directly in this newsletter, it is worth noting that engagement in the legislative and administrative process has changed dramatically with the closure of the statehouse for members of our profession as well as for the press and general public. For those who have visited the Vermont statehouse before, access to legislators and members of the executive branch is unique. With the statehouse closed and everyone practicing social distancing, engagement has shifted from in-person meetings and hallway conversations to conference calls, emails and phone calls to decision-makers.

The Senate will reconvene next Tuesday to pass emergency legislation. There is discussion of only 15-16 Senators being in attendance and various ways to ensure Senators remain at a safe distance from each other.

It is impossible to know when this pandemic will subside and the legislative process will return to normal. In the meantime everyone is doing what they can to help each other and to weather the storm. We will continue these newsletters to update our readers about state government activity in these uncertain times. We urge everyone to stay safe and stay healthy. We wish you all the best of luck.