Boots on the Ground: Hard Lines and Storylines

A Weekly State House Recap 

A Fork in the Road: The First Veto of 2025

by Maggie Lenz and Nick Charyk on behalf of Atlas Government Affairs

Well, that was fast.

On Friday, Governor Phil Scott issued his first veto of the 2025 session, rejecting the FY25 Budget Adjustment Act almost as soon as it hit his desk.

At this point, Scott reaching for the veto pen feels familiar. But the dynamics have changed. Last year, Democrats had a supermajority and overrode six of his eight vetoes. After November’s election, that supermajority is gone. The Democrats still have a majority, but not enough to override. Which means compromise isn’t just preferable. It’s necessary.

So far, that looks like a tall order. In his veto message, Scott took aim at lawmakers’ decision to temporarily continue the emergency hotel/motel housing program for unhoused Vermonters. He called the extension a step backward, reversing progress on what he described as a failed and expensive program. His proposal? Shift the burden to municipalities—something many lawmakers say is a non-starter.

The policy fight has very real consequences. Hundreds of Vermonters rely on the program to avoid homelessness. Without an agreement, they stand to lose the most.

Will gridlock take hold, or will Montpelier find a way to work together? This is a fork in the road that will offer some clues as to what’s in store for the remainder of the session.  

One Year Later…

What a difference a year makes.

On Thursday, the Vermont Senate confirmed Zoie Saunders as Secretary of Education by a vote of 22-8. No fireworks. No floor fight. Just a quiet ending to last session’s standoff.

In 2024, the Senate rejected Saunders in a dramatic vote, sparking a lawsuit and months of tension between the Legislature and the Governor. This time, Senate leaders signaled early they would support her, despite lingering concerns about her background and Scott’s education overhaul.

Saunders now takes center stage in the administration’s push to consolidate school districts, expand vouchers, and rewrite the state’s education funding formula. But on Town Meeting Day, voters approved 91 percent of local school budgets, a sign that Vermonters may not actually be demanding the sweeping changes that appear to be coming. 

A Hard Pivot on Data Privacy

It was a busy and dizzying week in the Senate Institutions Committee, where committee members, many of them freshman, revisited one of the most contentious debates of last session. The main question is whether Vermont should pass a data privacy law that goes farther than any other state to date and includes a private right of action (PRA), or adopt an approach that aligns more closely with neighboring New England states that gives sole enforcement authority to the Attorney General’s Office. Last year, the Legislature approved H.121, a comprehensive data privacy bill with a PRA. Governor Scott vetoed it, citing concerns about the PRA and the costs to Vermont businesses. The Senate opted to sustain the veto, and the debate carried over into this session.

This week in Senate Institutions, these two different approaches were under consideration. While the private right of action has been a focal point in the debate, it is not the only issue on the table. Lawmakers have also been weighing the scope of definitions, data minimization requirements, consent standards, and the types of businesses that would be subject to the law.

On Tuesday, the committee’s hearing schedule for the rest of the week appeared heavily weighted toward witnesses who supported the PRA and S.71. National lobbying groups, including the Electronic Privacy Information Center and Consumer Reports, spoke early on in support of S.71 and its private right of action. They described private lawsuits as a necessary enforcement tool.

But Testimony on the first day of hearings from Megan Sullivan, Vice President of Government Affairs for Vermont Chamber of Commerce and Joshua Diamond, Special Counsel for Vermont Chamber of Commerce, seemed to substantially shift the direction of the committee’s approach. Raising concerns about S.71’s broad definitions, strict compliance obligations, and the absence of safe harbor provisions or cure periods, they explained that S.71 could leave Vermont businesses grappling with compliance challenges, and Vermont out of step with neighboring states. 

Later in the week, Jim Hall, President and CEO of The Vermont Country Store, shared a letter with the committee that was read out loud by Sen. Russ Ingalls (R-Essex). He detailed his company’s experience in other states where similar laws have resulted in an increase in demand letters and legal claims. He expressed concern that S.71 could create the same conditions in Vermont and voiced support for S.93 as a workable alternative.

Healthcare organizations, including Vermont Information Technology Leaders and the Coalition of Vermont Health Care Organizations, noted that S.71 would introduce overlapping requirements on top of existing HIPAA regulations. They cautioned that this could lead to confusion and additional administrative costs for healthcare providers. The Vermont Ski Areas explained that many ski areas are small, seasonal businesses that rely on collecting customer information to manage services like lift tickets, rentals, lessons, loyalty programs, and safety notifications. She testified that S.71’s requirements could make these operations more complex if not unworkable, and that the private right of action could result in legal exposure over technical issues.

By the end of the week, several committee members who had initially shown great interest in S.71 raised concerns about its impacts in Vermont. In a swift shift, the committee unanimously voted by straw poll to replace S.71’s language with the New England framework of S.93. On Friday, that change was made official with a 5-0 vote. 

It is not yet clear whether this decision will hold as the process continues. The full Senate still needs to vote on this bill next week. And while S.93 is seen by many as the only proposal with a path forward especially politically speaking, plenty of House members continue to strongly support the broader framework included in last year’s H.121, including the private right of action, regardless of the feasibility of the bill being passed and signed by the Governor. 

Whether the House and Senate (and Governor Scott) can reach agreement on a final bill this session remains uncertain. For now, S.93’s framework appears to be the version advancing, and by all appearances the only viable path toward Vermonters finally having data privacy protections enacted.  

Curiosities: A Weekly Peek at the Odd and Intriguing Happenings Under the Golden Dome

On Friday, Rep. Emilie Krasnow (D-South Burlington) made an unexpected announcement on the House floor. Rep. Conor Casey (D-Montpelier), a progressive Democrat and well-known labor champion, had won the Panel Prize at the Patchwork Play Festival in Chicago for his play The Three Husbands of Sarah Tilbury.

Many in the chamber were surprised, not by the award, but by the discovery that Casey is a playwright at all. His winning play, set in London in 1890, is a dark comedy about a retired British Navy captain arranging a marriage for his daughter. Casey calls it “a tribute to Oscar Wilde and the world he inhabited,” with “a touch of the absurd.”

The Patchwork Play Festival features new one-act plays on a theme. This year’s focus was Redemption. Casey’s script was one of nine selected for production and ultimately took home the $250 Panel Prize, awarded by a group of Chicago theater professionals.

For full disclosure, as well as bragging rights, the authors of this column appeared in the first staged reading of The Three Husbands of Sarah Tilbury last March, alongside Rep. Mary-Katherine Stone and Rep. Teddy Waszazak.

Casey says he writes in unpredictable bursts. “Long dry spells followed by sudden stretches where the pages pour out,” he explains. “When inspiration hits, I’ll start speaking the dialogue aloud in different character voices, regardless of where I am. It can be very unsettling for those around me.”

Casey is known under the Golden Dome for his ability to connect with everyone. He’s just as likely to be in deep conversation with the most conservative members of the House as he is laughing with its most left-leaning. “Both politics and playwriting are passions of mine,” he says. “If you want to change policy, you have to go beyond spreadsheets and tell real stories. That’s how you make people care.”

His next play, Founding F**ers: The Story of Ethan Allen and Benedict Arnold*, premieres at the Greater Boston Stage Company on May 2. 

And as for finding inspiration at work? The House Corrections and Institutions Committee that Casey sits on and refers to as “eccentric” may find themselves the subject of a play, soon enough. Casey jokes, “If they keep acting weird, I might not be able to resist.”

Turns out, not all of the drama in Montpelier stays on the House floor.

Conor Casey’s winning play, The Three Husbands of Sarah Tilbury at Off Center Theater in Burlington, March 2024.

From left to right: Rep. Teddy Waszazak (D-Barre City) Nick Charyk, Maggie Lenz, Rep. Mary-Katherine Stone (D-Burlington) and Rep. Conor Casey (D-Montpelier) pose for a photo after performing a stage reading of Casey’s winning play, The Three Husbands of Sarah Tilbury at Off Center Theater in Burlington, March 2024. 

Conor Casey and Keith Whalen.

Conor Casey and Keith Whalen.

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