Every year hundreds of bills are
introduced in the Vermont House of Representatives. Each is assigned
to one of the 15 standing committees for consideration. Relatively
few are actually voted out of committee and brought to the floor for
consideration by the full House. Those that are must be voted out of
committee by “crossover”, which fell on March 17th
this year, so that the Senate has time to consider them. The same
crossover date holds for Senate bills as well.
Dozens of bills were voted on and
passed by the House without major opposition during the week
following crossover. However, two bills engendered considerable
debate. One dealt with domestic violence and guns and the other
addressed accommodations in the workplace for pregnant women.
Domestic violence continues to be a
problem in Vermont. In 2015, six of Vermont’s 16 homicides were
domestic violence related, and all six were committed with a firearm.
Between 1994 and 2015, 131 domestic violence-related homicides were
committed, and 77 of them (59%) were committed with firearms. While
current law allows for the confiscation of firearms when the court
orders the removal at the point of a final relief from abuse order or
following a conviction for a violent crime, more protection of
victims is needed when police first respond to an incident.
Statistics show that the most dangerous time for a victim is when
they reach out for help. After two days of debate, the House passed
H.422, which provides that after an individual has been arrested or
cited for domestic assault, law enforcement can remove any firearms
in the perpetrator's possession or in plain view. It is important to
note that these provisions would only apply when probable cause has
been found to arrest or cite someone for domestic assault. If there
is no further court order, the guns would be returned within 5 days.
The concern was raised that this legislation is about gun control. It
is not. It is a precautionary measure to protect the lives of
victims of domestic assault.
The second bill, H.136, which requires
an employer to provide a reasonable accommodation in the workplace
that might be needed by a pregnant woman, was passed after several
hours of debate. A Supreme Court decision from 2006 segregated
pregnancy from portions of the existing discrimination law and
determined that simply being pregnant, or having an issue with one’s
pregnancy, isn’t enough to ask for different tasks that accommodate
that pregnancy. H.136 will make it possible for a pregnant woman to
ask for a temporary accommodation such as a restriction on heavy
lifting, or exposure to certain chemicals, or standing for prolonged
periods. The bill makes it unlawful for an employer to refuse to
provide an accommodation at the request of a pregnant employee unless
it proves to be an undue hardship for the business.“Undue hardship”
means an action requiring significant difficulty or
expense to the employer and can depend
on the employer's size. This bill encourages communication between
the employer and the employee and should help to provide a safe
workplace environment for everyone.
A word on the budget is in order. At
the time of this writing, the House Appropriations Committee has
moved from a $70M shortfall in the Governor's proposed budget to
around $4M. The committee members are still working to resolve that
difference, hopefully with cooperation from Governor Scott's
administration. The committee is trying to squeeze every dollar out
of the budget while maintaining the necessary programs and service
that keep Vermonters safe, healthy and productive, and the economy
working for all.
I encourage you to let me know your
concerns and opinions. I can be reached by phone (802-233-5238) or by
email (myantachka.dfa@gmail.com).
