A proposal that’s ping-ponged between two different transportation-related bills in recent weeks could impact a judge’s ruling in a yearslong, costly court battle over public access to a trail in Tunbridge. But only if the bill that includes that measure, the miscellaneous motor vehicle bill, crosses the finish line before the end of the session.
The DMV bill, S.123, as voted out of the House Transportation Committee, seeks to clarify that municipalities have the authority to maintain so-called “legal trails,” though are not required to do so. “Legal trails” are former public roads that remain open for recreational uses. There are more than 500 miles of these trails, largely in small segments, across the state.
Depending on who you ask, state law already grants municipalities that authority. But differing views on that have been at the center of a more than four year dispute between the Town of Tunbridge and a local landowner who’s sought to limit cyclists’ use of a legal trail that runs across his property. Town officials have said it’s up to them what uses are allowed on the trail.
A judge has yet to resolve the case. But the language recently added to this year’s DMV bill could lead the court to decide the Legislature has, effectively, resolved the question on its own — though that’s far from a guarantee, according to an attorney who advises the House and Senate transportation committees.
As now up for consideration by the full House, S.123 states “it is the intent of the General Assembly to clarify municipalities’ authority to exclusively or cooperatively maintain legal trails.”
“There is the potential that the current case gets dismissed,” said Damien Leonard, an attorney with the Office of Legislative Counsel, during a committee hearing earlier this month.
The language in S.123 has, much like a hike, taken a circuitous route with several starts and stops. Similar language started the session in a separate bill, S.4, that did not make it off the wall in Senate Transportation before the “crossover” deadline for approval in mid-March.
The following month, Senate Transportation added language on local trail jurisdiction into this year’s transportation funding bill, H.488, after that bill had already cleared the House. But legislative leaders later nixed the measure from the bill during a conference committee.
At that point, the motor vehicle bill — which had already passed the Senate — was in House Transportation. The committee held onto the bill to take testimony about the legal trails issue, ultimately deciding to add in similar language to what was, for a time, in the T-bill.
House leadership expects to take up the DMV bill next Tuesday, according to Conor Kennedy, chief of staff to Speaker Jill Krowinski, D-Burlington. It’s possible the bill would need to go to a conference committee after that.
“It’s universal in the committee that we support the town’s position on their ability to maintain — or not maintain — these trails,” said Swanton Republican Rep. Matt Walker, the House Transportation chair, in an interview this week.
A number of outdoor recreation advocacy groups, as well as the Vermont League of Cities and Towns, have also backed clarifying the law.
— Shaun Robinson
On the move
The Vermont Senate voted on Friday evening to approve its version of this year’s landmark education reform bill, H.454. The decision came just before 6:30 p.m., after hours of discussion on the floor and days of debate in committee hearings and other meetings behind the scenes this week in the Statehouse.
The Senate’s bill largely mirrors the version that the House passed last month, though with some changes that senators indicated may need to be worked out in a committee of conference in the coming days. The vote was not unanimous, but it was taken by voice, so individual senators’ votes weren’t on the record.
Read more about the debate here.
— Shaun Robinson
After an hours-long debate on Friday afternoon, the Vermont House advanced a major housing package that would set up a new financing tool for infrastructure that supports new residential development.
The largely party-line vote over S.127 comes after more than a week of discord among House lawmakers over the marquee infrastructure program, and it follows the Senate’s passage of a separate housing package a day prior. That makes the path to a final product uncertain as the Legislature inches closer to adjourning.
Read more about what bill House advanced here.
— Carly Berlin
The Vermont House on Friday advanced legislation that seeks to make social media platforms less addictive and harmful for children.
Known to advocates as the “Kids Code,” S.69, would put up guardrails for social media companies like Facebook and Snapchat, requiring them to adjust their design codes for users under 18.
Among the provisions in the bill are restrictions on features designed to keep minors hooked and stricter data privacy requirements for young users. If passed, the law would take effect in 2027.
“It’s time to end the era where children’s wellbeing is collateral damage in the pursuit of profit,” Rep. Monique Priestley, D-Bradford, said ahead of Friday’s vote.
The bill still requires final House approval, a vote that is expected next week. The legislation then heads back to the Senate, which needs to sign off on amendments to the bill, before heading to Gov. Phil Scott’s desk for his signature.
— Habib Sabet
Also, the Senate gave preliminary approval on Friday to legislation that would ban smartphones from Vermont classrooms.
H.480, a bill of miscellaneous amendments to Vermont’s education laws, includes language that would require all of Vermont’s public school districts and independent schools to develop policies prohibiting students’ cell-phones and other personal devices, like smartwatches, during the school day. The bans would need to go into effect in time for the 2026-2027 school year.
The legislation also allows students to enroll in career technical education (CTE) facilities outside of their districts, as well as a requirement that school districts develop response plans in cases of student cardiac arrest.
The bill still requires final Senate approval, which will likely come next week, before heading back to the House for a final sign off.
— Habib Sabet
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