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Debate on floor amendment to align municipal salt applicator liability with state tort-claims law draws divided testimony
Summary
Lawmakers debated a floor amendment to treat municipal road-salt applicator claims like state claims under the Tort Claims Act; VLCT supported parity citing pooled insurance, while legal advocates warned the change could reduce recovery for catastrophically injured residents and urged more vetting.
A proposed floor amendment to extend aspects of the state's Tort Claims Act treatment to municipal salt applicator liability drew extended testimony in the House Judiciary Committee, with proponents arguing the change restores parity and opponents warning of unintended consequences for injured Vermonters.
Michael Grama of Legislative Council told lawmakers the amendment is narrowly drafted to treat a participating municipality's salt applicator in the same manner as a state employee "for that municipal salt applicator," but cautioned the statutes are not wholly interchangeable and some state provisions do not apply to municipalities. "I don't think you could sneak in under this," he said, describing the amendment as limited to municipal salt-application activities documented under best-management practices.
Samantha Sheehan of the Vermont League of Cities and Towns told the committee municipalities carry liability insurance and rely on a pooled mechanism that includes reinsurance. She said the amendment seeks parity because municipalities provide most on-the-ground services but often lack the same statutory protections that the state enjoys. "All municipalities are insured," Sheehan said, noting her members can purchase reinsurance and that the league operates a passive pool with higher limits.
Opponents, including Adam Nickrassen of the Vermont Association for Justice, argued the amendment creates a "false equivalency" between the state and 200-plus municipalities and might leave catastrophically injured claimants with reduced recovery options absent further safeguards. He urged the committee to seek data from the municipal insurance pool (Passive) and to vet premium and claims history before advancing the change.
The committee debated whether the $500,000 cap and affirmative-defense scheme in the state framework would translate cleanly to municipal contexts, particularly when municipalities might need to purchase additional coverage. After extensive questioning and testimony from both municipal and defense-advocate sides, the committee chair moved to find the amendment unfavorable and the committee conducted a voice/hand vote on the motion; the chair announced the count and moved the committee on to other business.
Members repeatedly urged more detailed vetting with Commerce and GovOps committees and requested data from municipal insurers on premiums and claims experience before considering statute-level parity for municipalities.
