Vermont state legislative leaders have accused Republican Gov. Phil Scott of overstepping his constitutional authority in reissuing “Vermont Strong” license plates to benefit the state’s flood recovery fund.
House Speaker Jill Krowinski, D-Burlington, and Senate President Pro Tempore Phil Baruth, D/P-Chittenden Central, made the allegation in a letter to the governor on Aug. 30. The state issued similar license plates in 2012, after Tropical Storm Irene inundated Vermont the previous year. This year’s version costs $35 and benefits the Vermont Community Foundation’s flood relief fund and the Department of Motor Vehicles.
The Democratic leaders wrote that they shared Scott’s goal of supporting those affected by this summer’s devastating floods but had “significant concerns” about the approach he took in an executive order authorizing the plates.
“We do not intend to interrupt the flow of funds to the intended beneficiaries of this financial assistance,” Krowinski and Baruth wrote, “but we must express our dismay that you have chosen to flout the separation of powers, which lies at the heart of the Vermont and U.S. Constitutions, by usurping powers specifically and uniquely granted to the Legislative Branch.”
The pair went on to argue that the power to establish and modify state programs and fees falls squarely within the realm of the Legislature’s — not the governor’s — powers and said they were “deeply troubled by (Scott’s) overreach.” To boot, they said, they had learned of the governor’s actions through media reports, not directly from his office, and did not receive prompt responses to two inquiries to his office dated July 21 and Aug. 2, after he had spoken publicly about bringing back the program.
The establishment of the first-ever “Vermont Strong” license plate program originated with the Legislature in 2012, and Scott cited that law in his Aug. 23 executive order, which revived the plate program.
Scott spokesperson Jason Maulucci told VTDigger on Friday that the governor’s legal counsel was working on an official response to Krowinski and Baruth’s letter, but in the meantime he was unequivocal: “We disagree with their legal analysis. We think the governor acted fully within his authority — not only his emergency executive authority, but also within the session law from 2012.”
“The separation of powers concern was kind of interesting to us. We’ve been raising concerns about separations of power for years now on some of their initiatives,” Maulucci continued. “It’s kind of baffling to us that the one that they would decide to take interest in is over raising money to help flood victims.”
Citing the 2012 law, Scott asserted in his executive order that he, as governor, does indeed have the authority to revive the plate program and make slight alterations to it. Krowinski and Baruth wrote that they disagreed.
“Despite our significant concerns about your intrusion on core legislative functions, we recognize that these are extraordinary times, and we are willing to work with you and your Administration to accomplish your intended result through a process that will render your actions constitutional,” they wrote. “After all, we are united in our goal of supporting Vermonters in their recovery efforts.”
The legislative leaders implored Scott’s office to provide the Joint Fiscal Committee and Joint Transportation Oversight Committee with “draft legislative language authorizing the increased fee amount and the revised revenue allocation” by Sept. 22, ahead of those committees’ Sept. 27 meetings.
“When both Committees are satisfied with the proposed language and have indicated their approval, please include the proposed language in your fiscal year 2024 budget adjustment proposals,” the leaders added.
Scott’s office said there was no time to wait.
“The executive branch has to respond to emergencies and we have to act quickly,” Maulucci said. “We have a part-time Legislature that’s not in session, and the executive branch has to perform its role. That’s what we did.”
Krowinski and Baruth closed their letter by imploring the governor to work more closely with the legislative branch — a gripe Democratic lawmakers have often brought to the Republican governor.
“In the future, we hope that you will work with us, and we want to work with you,” the Democrats wrote. “It significantly compromises our working relationships when we hear through the media about actions your Administration has taken that require affirmative legislative action.”
Maulucci said the Legislature will have ample opportunity to work with the governor’s office on flood recovery efforts. He pointed to the state’s quick launch of a $20 million special emergency fund for businesses — a joint effort of the governor’s office and the Legislature’s Emergency Board.
“We’re perfectly comfortable with our relationship with them, but, you know, in the middle of a state of emergency, the executive branch has to respond the way it sees fit to deliver the best results for Vermonters,” Maulucci said.
