This is an excerpt from the Final Reading of Thursday, Feb. 20.
The prospects for Democrats hoping to revive a vetoed medical monitoring bill are looking grim.
In June, Gov. Phil Scott vetoed S.37, which would give people the right to sue companies for the cost of monitoring health issues caused by pollution. To override him, leaders in the Senate, which passed the bill last year 19-11, would only need one additional vote.
But six weeks into the legislative session, proponents of the bill say they’re not convinced any of the six Democrats or five Republicans who voted against the bill are going to change their minds.
“Right now, I don’t see any indication that we’re going to get one more vote,” said Sen. Brian Campion, D-Bennington, a sponsor of the bill.
“So far, people have been steadfast,” said Sen. Dick Sears, D-Bennington, the chair of the Senate Judiciary Committee and another sponsor of the measure.
“I’m hoping people will see the light, but right now, the industry is lobbying like crazy,” Sears added.
Sen. John Rodgers, D-Essex/Orleans, who voted against the bill last year, said he doesn’t believe the legislation is necessary after a recent federal court ruling determined that Vermonters can sue for medical monitoring.
“I think the judgment is fine, puts us in line with other states,” Rodgers said. “I think we see how that works out.”
Rodgers, the governor and others who opposed the bill are concerned it would burden small businesses by creating new legal and financial risks.
Sears said he would prefer his legislation to become law over the court decision because, in a compromise for the business community, it exempts small businesses and farms from medical monitoring, while the federal ruling would not.
In addition, under the court’s decision, a judge would have to determine whether a company has the financial “wherewithal” to pay for the monitoring before they are required to do so. Under the bill, a company’s finances would have no bearing on whether they have to pay.
Sen. President Pro Tem Tim Ashe, D/P Chittenden, declined to speculate about the future of the legislation. “We’ll find out,” he said.
Ashe said he has been encouraging senators who voted yes and no on the bill last year “to think about how they want to proceed,” but isn’t twisting arms.
“There is no rush,” he said. “And so we’re just playing it out, seeing what people think.”
