Vermont Senate declines to override governor on sweeping data-privacy bill, keeping parts of H.121 off the books

The Vermont Senate on June 13 failed to override Gov. Phil Scott’s veto of H.121, a broad data-privacy and age‑appropriate design bill that included a children’s 'kids code' and a private right of action. After extended floor debate, senators tallied 29 votes with the two‑thirds threshold unmet and the governor’s veto sustained.

Supporters framed the bill as urgent consumer-protection legislation. The senator identified in the transcript as 'Senator from Chittenden Southeast,' who served as committee reporter, said she would vote to override parts of the bill and stressed the importance of the 'kids code' amid what she called a youth mental‑health crisis: "I truly stand behind [the kids code] given our youth mental health crisis," she said, adding that some provisions of H.121 have later effective dates (summer 2025 for the kids code, mostly 2027 for other parts).

Opponents repeatedly warned H.121 contains novel definitions and an expansive private right of action that could invite extensive litigation and impose substantial compliance costs on Vermont businesses. One senator who identified themselves as worrying about the business impact said the bill’s unique definitions — including multiple thresholds (12,500; 25,000; 100,000) — would invite litigation over scope and applicability and could impose tens of thousands of dollars in legal and software costs on small firms.

Debate focused on several concrete concerns raised on the floor: how the bill defines 'sensitive data' (including political and philosophical beliefs), whether the private right of action would encourage 'bounty-hunting' litigation rather than enforcement by the attorney general, and how the bill interacts with federal laws such as HIPAA and FERPA. The Senate record also cited examples of businesses that said a single suit had cost them significant sums to defend.

Supporters pointed to provisions intended to protect reproductive‑health and gender‑affirming care from geofencing and to require breach notification and other consumer safeguards. A senator noted the bill had been reviewed in three Senate committees and in multiple House committees over the biennium and said the legislation "places a flag in the sand" to begin stronger privacy protections for Vermonters.

When the roll was called the tally fell short of the two‑thirds override threshold. The clerk recorded 29 senators voting; the announced outcome was that the governor’s veto was sustained and H.121 did not become law.

The Senate did not adopt a substitute or amend H.121 on the floor; members who opposed the override urged continued work and closer engagement with business and other stakeholders in the next session. The Senate then proceeded to message other override actions to the House and adjourned.

What's next: With the veto sustained, the administration’s objections remain in place. Supporters said they plan to continue work on the bill in future sessions; opponents urged a pause and further redrafting to reduce litigation risk and clarify definitions.

Vote: Senate roll-call recorded on the floor resulted in the governor’s veto being sustained (override attempt failed).