2011 Town Meeting Legislative Report
Below is a list of reports of activities in the Vermont House the first 8 weeks of the 2011 session. Just click on a topic to go to a report. It is simply not possible to include all the work of this session in one report, if you do not see a report on a topic you are interested in, please e-mail me and I'll will try and get you the information.
The 2-year Capital bill
Strategic Investments to Strengthen Vermont & Support Vermonters
The Corrections and Institutions committee is responsible for creating the Capital Bill. This is where the State lays out how to spend its yearly bond money. The money is used for productive investments in our state buildings, infrastructure, and certain municipal projects. The Capital Bill allows us to invest in Vermont and Vermonters. Vermont has been very conservative with its borrowing, and the state has one of the best bond ratings in the country.
Gov. Shumlin has recommended a two-year Capital Bill. This means that instead of borrowing and allocating the authorized $76 million twice separately over two years, we will be able to invest more in the 2012 fiscal year if we choose to do so. If we allocate the combined $153 M across the two years, we could frontload the spending in order to create construction jobs sooner rather than later. This might mean perhaps $80 M in construction projects getting started this year, and most of the contracts and the work will likely go to Vermont companies and Vermont workers.
Whether we do this as a two-year bill or one year at a time, there will be many projects involving new construction and renovations or maintenance of existing state facilities across the entire state. For instance, we will likely be building a new health lab in Colchester. We will likely be investing in major renovations of a state office building in Brattleboro. There will be funding for town water and sewer projects, and for preventing runoff with excess nutrients from entering Lake Champlain.
Another priority may be continuing the past partnerships among VYCC, Forest & Parks, and the Dept. of Labor to have work crews of young people engaged in preventive maintenance and capital improvement projects in parks. The Committee hopes to continue to pay down the outstanding school construction debt, with the goal of paying down first the amount owed to the projects that have been waiting the longest.
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Vermont Yankee - Tritium leaks update
The Fish, Wildlife and Water Resources Committee has continued to monitor the tritium leaks at Entergy Vermont Yankee. In January of 2010 Vermont Yankee experienced two separate tritium leaks which eventually impacted the groundwater quality at the site. This impact is being remediated through groundwater extraction by VY and natural dilution and migration. Subsequently in January 2011 another source of tritium was detected at the northeast corner of the plant in monitor wells GZ6, GZ23 and GZ24. VY is currently testing underground pipes in that area to determine pipe integrity, and consultants are developing a site hydrogeological groundwater model to test plume migration. A full report is due from VY on March 15, 2011.
As of February 2011 no tritium has been detected in the Connecticut River or in any well currently being used as a drinking water source. The NRC and the State Health Department continue to have an on-site presence for monitoring and testing.
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Sale and Application of Fertilizer
The impact of the excessive phosphorus on water quality in Lake Champlain is well known and similarly the impact of nitrogen on Long Island Sound (Connecticut River Watershed). A bill regarding the sale and use of fertilizer has passed out of the Fish, Wildlife and Water Resources committee. The sale and use of fertilizer that includes these nutrients will be prohibited for turf, except for repair work, patching or new growth or where there is a demonstrated need as evidenced by a standard soil test. Agricultural use of fertilizers will not be affected by this legislation, and golf courses will be regulated through existing nutrient management plans overseen by the Department of Agriculture. In addition, new point-of-sale consumer information will notify users of the restriction and the limited exceptions. Fertilizer manufacturers, retailers and concerned water quality advocates testified in support of the bill.
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Sales Tax Fairness
VT Digger calls it a “no-brainer,” while the American Booksellers Association refers to it as “E-fairness.” The “it” they are talking about is the effort by a number of states, including Vermont, to level the sales tax playing field between the bricks-and-mortar stores that often make up the heart and soul of our Main Streets and on-line retailers. Currently, a local merchant, like an independent Vermont bookstore at “State and Main,” dutifully collects the 6% sales tax on every book sold, while an on-line retailer like Amazon.com does not. The New York Times succinctly summarized the existing deteriorating dynamic in its 5/6/2010 editorial: “Non-collection gives Amazon a major unfair advantage over rival retailers that do collect sales tax and deprives hard-pressed states of much-needed revenue.” The University of Tennessee estimates that Vermont will lose $28 million in uncollected internet sales tax revenue in 2012.
Over the past couple of weeks the House Ways & Means Committee has been taking testimony on a bill aimed at correcting this inequity. Modeled on a successful New York statute, H. 143 seeks to compel on-line retailers to collect the Vermont sales tax if the web-based business relies on in-state “affiliates” to facilitate a sale. Typically, such affiliates receive a commission for directing sales to the big guys like Amazon. Legally, the case for requiring the Amazons of the world to play ball on the sales tax will be solidified with the passage of H. 143; it will create the necessary nexus (on-line retailer/affiliate to the State of Vermont) in order to treat all retailers, cyber or traditional, in the same manner. Ways & Means plans to continue deliberations on this legislation in the weeks to come.
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Human Trafficking
H. 153 encompasses the recommendations of the 28-member Human Trafficking Task Force to create a comprehensive approach to this complex crime, which may involve forced labor or sexual servitude. Traffickers prey on vulnerability: undocumented farm workers, runaway and homeless youth, abuse victims, women in debt, persons displaced by war or natural disasters, and temporary workers or students. Victims are often subjected to force, coercion, rape, and bondage for the profit of another. This modern-day slavery is a multi-billion-dollar criminal industry.
Vermont is at risk for becoming a magnet for human traffickers. Criminals look for states where they will not be easily detected. Due to a lack of law enforcement training and no law providing necessary protections and services for victims, cases in Vermont have gone undetected or when detected, unprosecuted.
Vermont has a strong tradition of protecting human rights, making perpetrators accountable, helping victims and protecting the innocent. Just as child abuse and domestic violence cases were underreported due to lack of training, the same is true with human trafficking. We are hopeful that with the passage of H.153, we can prevent and prosecute this terrible crime.
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The House Judiciary Committee is continuing its work to protect our most vulnerable Vermonters in a series of bills. First, it voted out a bill extending the time a prosecution for sexual abuse or exploitation of a vulnerable adult can be brought. This is called the statute of limitations (SOS). All other sexual abuse cases have a six-year SOS. It only seemed fair to extend to vulnerable adults the same protection as other victims of abuse and sexual exploitation.
The committee also passed H.88, The Uniform Child Custody Jurisdiction and Enforcement Act. This provides a framework for courts to work together in child custody cases when the parents live in different states. It attempts to get issues involving children handled as quickly as possible and addresses issues of kidnapping and domestic violence in these cases. The bill is a priority of the courts, children’s and victims’ advocates.
The committee is working on H.79, the Uniform Adult Guardianship Jurisdiction Act, which aims to improve communications between courts regarding adult guardianship. The Alzheimer's Association is very supportive of this bill, which addresses the situations many people face when siblings and/or elderly parents live in different states. By giving the courts the ability to quickly solve issues, we hope to spare families the emotional pain and financial burden of reestablishing guardianship each time the parent under guardianship moves.
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Expanding Telecom Coverage
Vermont has set an ambitious goal: We will extend Internet broadband and cell phone coverage throughout Vermont by the end of 2013. This is a big, complex project with many interconnected parts. The legislature and administration are working with the state’s utilities, telephone companies, and cable operators to knit together a network of fiber optic cable, copper wire DSL, and wi-fi that will cover Vermont and connect to the world. The funding for this infrastructure project is a mix of federal, state, and private capital has begun to be deployed in the field. This effort is the height of public-private partnership, and promises to help Vermont leap ahead in the competitive world of the new economy.
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A Strategy for New Jobs
It’s the dream of many Vermonters…a good job close to home. To realize this dream, we need businesses to hire people into new jobs, we need to train those people, and we need more affordable housing near those jobs.
The economy is steadily improving, and we want to take advantage of the new growth coming to Vermont. With budget constraints, the legislature is working with the administration on a new strategy for economic development. Our goal is to improve the quality of life for Vermonters while building strong communities–all with minimal state expenditures. Government can’t create private-sector jobs, but we can make it easier and less risky for business to step up to growth opportunities when they arise. This is the intent of the “Jobs Bill.”
Several components of the bill address workforce training and internships. One objective is to encourage young Vermonters to stay or return to Vermont, especially in the fields of science, math, and technology. There is also support for the business of agriculture through the farm-to-plate program. Other provisions provide for more nimble capital for business expansion, allow developers to seek affordable housing credits, and provide a significant incentive for employers to hire returning veterans.
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Renewable Energy
The House Natural Resources and Energy Committee is working on a renewable energy bill, H.56, which will continue to move Vermont to a clean energy future, reduce our dependence on fossil fuels, and protect ratepayers from volatile price swings in future energy costs. This is an ongoing effort, and there are several major studies due later this year which will guide future legislation. The Department of Public Service is working on a state energy plan, which will serve as a roadmap for what kinds of energy sources Vermont should have, and roughly how much of each. The Department is also working on a study of implementing a Renewable Portfolio Standard (“RPS”) which mandates inclusion of a fixed percentage of renewable energy generation by a certain date in the near future.
In advance of these reports, H.56 will expand net metering, which allows homes and businesses to install solar or small wind generation to offset their electric bills; this also helps the power companies to have extra energy available when it is needed, usually on hot days in summer. The bill also seeks to allow current hydro and biomass (wood chip) projects to continue operation after federal price contracts expire. Another provision moves the administration of the Clean Energy Development Fund to the Department of Public Service and seeks to address the long-term viability of the fund, which provides support for innovative energy projects and new technologies. With the closing of Vermont Yankee scheduled in 2012, the state has moved aggressively to secure reliable, renewable power from Hydro-Quebec. The goal is to provide a diversified energy portfolio, with as much in-state generation as possible, at affordable rates that support Vermont's continued business and residential growth.
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School Budgets are Down
School boards across the state have done an exceptional job managing their budgets this year. It appears that 2011 statewide spending will be level with or slightly below budgets from 2010. The projected base tax rate of .88 cents anticipated a 2% increase in spending. The legislature will set the final rate later in the session based on more current revenue forecasts as well as approved budgets.
The House Education Committee receives regular updates from the Vermont Department of Education regarding proposed budgets and it appears that boards and superintendents are managing staff to match declining enrollments, but special education costs continue to be a concern in some areas of the state. The Vermont Department of Education will be working with school districts over the next two years to help reduce special education costs.
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Health Care
Like those in the rest of our nation, Vermont’s health care system is in real trouble. Even though we have great community hospitals and committed medical professionals, the cost of health care is out of control. Pegged at $5.9 billion dollars for next year, it costs too much, is unfair, and contains a great deal of waste. Despite this cost, 47,000 Vermonter remain uninsured, and many more have insurance but cannot afford to use it because of high out-of-pocket costs.
A leading health care expert from Harvard, Dr. William Hsiao, outlined recommendations for fixing our system. Dr. Hsiao built his proposal on the assumption that any expansion of health benefits would need to be funded by finding savings within our health care system. By reducing administrative costs and eliminating waste and abuse within the system, the recommendation can produce $580 million dollars of savings in the first year, and the savings would continue to grow as our system changes. His proposal would provide enough savings to provide universal health care to all Vermont residents and improve coverage for many. In addition, the recommendations would create up to 5,000 jobs, reduce costs for most employers and workers, and still save hundreds of millions of dollars.
Only by bringing all health care financing into a single system can we really control costs and weed out the administrative waste. The legislature and Governor Shumlin are working hard on a plan to build upon the federal Affordable Care Act but take it an important step further. We are building a comprehensive foundation for reform. We are creating a new public/private partnership that builds on the best of both approaches.
Under the Governor’s plan, Vermonters would retain the ability to choose their own health care providers, and Medicare and TriCare benefits would not be changed. Vermont residents could change jobs without worrying about losing their health care benefits as health care would no longer be tied to employment.
This is an exciting time for health care reform here in Vermont. We have led the nation in efforts to expand access to health insurance, expand the use of health information technology and control costs through better management of chronic illnesses. We are now poised to take real steps to create a new system that will cover all Vermonters, reform how we pay our providers, and make serious cuts to the most wasteful and inefficient parts of our health care financing system.
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Palliative Care and Hospice Care
Vermonters deserve to have appropriate palliative care available to them when they experience a serious illness and at the end of life. Vermonters also deserve to have access to hospice services, which provide compassion and support for individuals with a terminal illness. Palliative care addresses physical, cognitive, emotional, psychological and spiritual needs to improve a patient’s quality of life. A patient at any stage of life can benefit from palliative care designed to relieve symptoms such as pain, nausea, anxiety, or shortness of breath, which may be caused by the underlying disease or may be side effects of aggressive treatment. In addition to giving Vermonters the kind of care they have said they want, the appropriate use of palliative care and hospice care is very cost effective. The Palliative Care and Pain Management Report from January 2011 recommends working toward an expanded hospice benefit which would include a twelve-month life expectancy requirement for eligibility (instead of six months) and the possibility of continuing curative therapy while on hospice. In a program elsewhere, a private insurance company found significant savings by doing this. Another recommendation is to make it possible to apply for Choices for Care to help pay for services in a patient’s home even if that patient is getting hospice services. A bill is moving forward to address these recommendations.
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Tribal Recognition
The House passed legislation acknowledging the Nulhegan and El Nu Abenaki bands as state-recognized tribes. This historic moment comes a year after enacting a law that set up a process and criteria for recognizing tribes in Vermont, and after decades of political gridlock on the recognition of the Abenaki people. On top of the honor and acknowledgment of their heritage, gaining state recognition will mean Vermont Abenaki artisans can seek federal arts and crafts designation to sell their handmade wares for a fairer price, which presents new economic development opportunities to otherwise struggling Vermonters. It also allows the tribes to apply for federal and private education, cultural preservation, and social services grants to help their people thrive and their way of life survive. What this recognition does not afford is the ability to engage in illegal gambling activities or build casinos.
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Electrical Safety
The electrical safety bill (H.114) is an important step forward in making homes safer. By closing the loophole that has allowed unlicensed electricians to wire single family homes and duplexes, we expect all new home construction to be built to code and therefore, safer. It also addresses a licensing issue with installers of renewable energy sources on a home or a duplex. By developing a new "S" license, or specialized license for these installers, many of whom are already nationally certified, we will be guaranteeing that these individuals are expert on the regulations of their trade, in this case solar and wind installations. Given the growing trade in residential renewables, this is an important step forward to provide consumers a baseline of confidence in the work they install.
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Housing Preservation
The housing preservation bill identifies an issue that will impact many communities in our state affected by the ending of tax benefits for privately owned affordable housing units. Over 2600 units are at risk of being sold back into the market. The House General, Housing and Military Affairs committee is now taking testimony to determine a process that will provide an orderly transition of this threatened housing so it will remain affordable. The events at Wharf Lane and Bobbin Mill in Burlington show how fragile the affordable housing market is when privately owned stock transitions to ownership by tenants or non-profits. Preserving affordable housing, after spending so much time developing a world class system for providing it through public/private partnerships, is especially important as the recession is still affecting our neighbors at the bottom of our economic scale.
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Is it your right to know?
Legislative studies were done in 2005 and 2007 on the state’s public records laws. This is the year that long sought changes are being attempted. There are an estimated 260 exemptions to the state’s public records laws including reasons that the public can be denied access to records. These are not all located in one place but embedded throughout state statutes. Without a better understanding of why an exemption has been made we will never know if it strikes an appropriate balance between your privacy and your right to know. Recommendations for changes from those who have run into obstacles have been made. One was making reimbursements for legal fees mandatory when a party wins a lawsuit against the state over denial of public records.
According to our very experienced and all knowing state archivist, Greg Sanford, “all aspects of our public records laws should be routinely revisited and, if necessary, repealed or clarified; and that should be essential. We should not lose site of the fact that our public records law was designed to make government, not the lives of citizens, more transparent.”
It is a common desire to make the process of requesting public records a less intimidating process for all involved.
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PACE - Property Assessed Clean Energy
Towns across the state are waiting for H.155, also known as the fixes to PACE (Property Assessed Clean Energy). The bill makes important improvements to legislation passed two years ago in more than 25 states including Vermont. The legislation allows voters of a municipality to create a special district through which individual property owners can make energy efficiency or renewable energy investments with funds borrowed through the municipality and repaid through a surcharge on their property tax bills. Only those property owners who choose to borrow money through the program and meet the pre-established criteria for their projects are liable for any costs. Through PACE, participants can spread repayments over a period of up to twenty years. If the property is sold in the interim, remaining payments stay with the property. H. 155 makes the following important changes to existing law:
1 It establishes that liens on PACE properties are secondary to first mortgages.
2 It requires the creation of a statewide loan loss reserve fund to cover any past due PACE payments in case of foreclosure. Each participating property owner will make a one-time contribution to the fund according to the size of his or her loan. The fund will be administered by Efficiency Vermont and backed up by a second fund overseen by the Treasurer.
3 Efficiency Vermont becomes an important resource to towns in the implementation of PACE programs, providing consulting services and related work.
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The Fish, Wildlife, and Water Resources committee is considering legislation dealing with Vermont’s deer herd and the Public Trust. This bill (H.91) proposes to codify Article 67 of the Vermont Constitution by declaring that “the fish and wildlife of Vermont are held in trust by the state for the benefit of the citizens of Vermont and shall not be reduced to private ownership.” Further it is proposed to repeal a portion of Act 156 (2010) which transferred regulatory oversight of a captive hunt facility to the Department of Agriculture. Regulatory authority will be returned to the Department of Fish and Wildlife. A number of conditions are being considered relative to removal of the white tail deer and moose currently entrapped in the captive hunt facility.
For many years the management of Vermont’s wildlife, especially the deer herd, has been steeped in controversy and emotion. The Department of Fish and Wildlife has the expertise with their habitat scientists and biologists to properly address the wildlife issues of disease and complex entrapment scenarios. Should this bill pass, It has been publicly reported that “Pete the Moose” will be pardoned by the Governor.
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Agriculture
The first two weeks of the New Year brought two major exciting announcements affecting the state of agriculture in Vermont. First, the Governor declared agriculture in Vermont to be a beacon for our economy and job growth, and support for its “renaissance.” Second, the introduction of Farm to Plate (F2P) produced a ten-year strategic plan to grow Vermont’s food sector by supporting Vermont products and expanding their markets within and beyond our borders.
The House Agriculture Committee has been studying F2P to find ways to help promote these two initiatives. Testimony has been taken to look for roadblocks and solutions in implementing the plan. Working with House Commerce, House Ag has been working on the Jobs Bill in areas where agriculture is key to growth.
Here are some key areas of interest:
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Transportation
Infrastructure has integral role in Vermont’s economy. It is an important aspect of daily life for Vermont families, commuters, businesses and tourism. It has been a year since Vermont received the last of specific ARRA (American Recovery and Reinvestment Act) funding and much has been accomplished to advance the efforts to improve roads, bridges and much more. Construction crews have been busy statewide and these investments create jobs. The bonus ARRA funds were designed to stimulate construction and it has done just that with the following to report:
Highway Projects - $126 million - 93% expended to date
Transit Programs - $ 5.6 million -All awarded for bus replacements
Additional Federal competitive rail and aviation grants totaling - $63.4 million.
The total full time jobs employed on state and local ARRA projects reported = 1,285.
There are many miles to go before Vermont can be ranked high on the national ratings for infrastructure, but we should be proud of the huge progress made in the past year.
Paving - The paving program treated a record 412 miles of highway. This progress has brought the percentage of good/fair roads (52%) higher than poor/very poor roads (48%).
Bridges - Of the 2,694 long structures, 322 or 12% are considered structurally deficient. A significant improvement from the 422 structurally deficient bridges reported in the previous year. The most recent national data ranks Vermont 42nd (was 46%) among the 50 states for percent of bridges.
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Blue Ribbon Tax Commission Recommendations
In 2009 the Legislature created the Blue Ribbon Tax Structure Commission (BRTC) to evaluate Vermont's tax structure. Their job was to comprehensively review all our taxes and tax expenditures. The BRTC embrace the following principles: fairness (actual & perceived), simplicity, economic competitiveness, transparency, tax and revenue neutrality, sustainability, and economic competitiveness.
Their report brings to light a number of myths about our Vermont tax code.
1) That some Vermonters are not paying their fair share of taxes. It turns out when the progressive income tax, regressive sales tax, and bumpy property tax are considered together all Vermonters pay between 8% and 9% of their income on taxes.
2) That Vermont’s marginal rates are too high relative to other states. In reality, because Vermont uses a narrow definition of taxable income, our rates appear higher than other states. If we use a broader base (say, federal AGI) our rates would be in the middle of the pack.
3) That changing purchasing patterns have negatively affected Vermont’s sales tax receipts. Although loss of sales at Vermont’s eastern border are significant, sales taxes have been affected more dramatically by the shift in purchasing from goods to services and from purchasing on main street to purchasing on the internet.
4) Tax Expenditures Form a Shadow Budget that Requires Greater Scrutiny. The tax system loses over $1 billion annually due to insufficient oversight. Tax expenditures are policy choices made within the tax system, and they lack sufficient transparency
5) That wealthy Vermonters are fleeing Vermont. The facts say that, on average, tax payers moving to Vermont earn 18% more than tax payers moving out. Furthermore, more than half of the taxpayers in the highest income tax bracket do not remain in the highest tax bracket the following year.
6) The Complexity of Vermont’s Education Funding System Obscures Basic, if Difficult, Tax Structure Issues. Actually, mechanics of
the tax are complex, but the basic tax structure tension is rooted in equity. This manifests itself in the discussion regarding what is the “right” tax to fund education. Transition toward a tax system rooted more in property value or income would trigger a tax shift that puts pressure on the tax principles of equity and competitiveness
The recommendations of the BRTC are:
1) Expand the base on the income tax to federal AGI and reduce the rates to raise roughly the same amount as the current income tax. In addition, eliminate all deductions and exemptions. Replace the standard and itemized deduction with a tax credit limited to $800.
2) Broaden the sales tax base by eliminating all exemptions, except food and prescription medications, including those on services. Move aggressively to capture internet and catalogue sales tax.
3) Enhance scrutiny of tax expenditures by looking at them as budget costs which will shine the light of understanding of the expenditures and bringing transparency to this shadow budget process.
4) Develop or use a tax incidence study so that the Legislature may understand the full ramifications of its tax policy choices.
The House Ways and Means Committee is working on these recommendations and hope to have a bill for debate by mid-March.
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Two-vote provision for Education Budgets
The House Education committee recommended a repeal of the two-vote or split vote provision one year before it is due to sunset because it did not work and local boards had actually reduced spending on their own. The intent was to reduce spending overall by forcing two-votes on a budget that had an increase of more than 1 percent of the increased cost of living compared to the prior years budget if a district had more than state average spending. However, a small increase could affect a moderate spending district while a high spending district could increase their spending by a much larger sum of money while staying within the same percent range. No high spending districts were affected by this provision. Voters would also lose their right to approve or disapprove special warning items as they saw fit. It was insulting to local elected boards that had carefully prepared a budget and insulting to local voters who were asked to evaluate and vote on that budget proposal.
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Education Governance
We will be examining the manner in which education governance currently operates and how reorganization could contribute to a more effective and efficient system. The role of the Governor, Commissioner, State Board, Local Boards, Dept. of Education and the Legislature are all under review. (The VT Business Alliance report is a good beginning point for discussion.) House Ed will have a bill out shortly to focus the discussion and has a Public Hearing on Governance planned for March 9, 2011 from 5:00 – 7:30 pm in room 11 at the State House.
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Honoring Our Veterans, Welcoming Home Our Troops
As many of our deployed soldiers have returned from their missions overseas, we would like to take this opportunity to welcome them home, and to thank all veterans for their service and sacrifice. We began the biennium commemorating the lives of four fallen soldiers killed in combat in Afghanistan, and honoring their families. They made the ultimate sacrifice for their country, and we pay them our deepest respects. We also re-elected Vermont National Guard Adjutant General Michael Dubie, who has done an admirable job navigating the challenges presented by the Guard's mission in Afghanistan while maintaining full emergency preparedness here at home.
We have also passed legislation to support our veterans and recently returned soldiers, as well as their families and employers. While it is already in law that a member of the Guard cannot lose their job due to deployment activities, many soldiers are returning from recent deployments without a job to return to. The House fast-tracked a bill that will allow employers to get a $2,000 tax credit if they hire a Guard member for eighteen months or longer who has returned from a recent deployment. Additionally, with upgrades in printing technology for the smaller size, the House was able to pass a bill that allows for Vermonters to proudly signify their veteran status on motorcycle license plates.
Finally, we encourage veterans and their families to take advantage of the resources provided by the Vermont National Guard Family Support and the Vermont Office of Veterans Affairs. For more information, call the 24/7 toll free National Guard hotline at (888) 607-8773 or visit www.veterans.vermont.gov. Again, thank you to our veterans, their families, and their employers for your serve and sacrifice.
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Access to Birth and Death Certificates
The Vermont Department of Health is asking that the legislature change the Vermont statutes to modernize our process for issuing, recording and storing birth and death records. The statutes that govern these functions are antiquated and reflect business practices from pre-1950. Vermont is one of the last states to allow any person (anywhere in the world) to request and receive a certified birth or death certificate with no questions asked. Such a copy is used to obtain a Passport or driver’s license. The proposed revisions will improve the security of the documents by dramatically reducing the opportunity for fraud and identity theft. It would allow for better efficiency and compliance with national expectations of technology and security. This would include use of security paper, tracking of document requests, proof of requestor’s identification, and electronic issuance of documents. Some states are now refusing to accept certified copies from our town clerks due to the security vulnerabilities and the unlimited access to document. These revisions will improve acceptance. The recommendation is to centralize the function of providing certificates to only those town offices that are interested and are able to meet specific requirements for ensuring security for these records.
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Concussion Bill
The House of Representatives passed H.46, a bill that requires protocols to improve the protection of athletes. This affects public or approved independent elementary and secondary teams or clubs, who a licensed health care provider has reason to believe have a concussion. The bill, which describes the protocol schools must follow when a physician, advanced practice registered nurse, physician’s assistant, athletic trainer or physical therapist believes an athlete may have a concussion, passed out of the House in amended form. It requires that the Commissioner of Education (or his or her designee), with assistance from the Vermont Principals Association and the Vermont School Boards Association, develop state guidelines and instructional materials that educate coaches, youth athletes and their parents or guardians about the nature and risks of concussions and other head injuries.
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Education Achievement Gap
Discrepancies in the NECAP scores between children eligible for free and reduced lunch and those that are not demonstrates the strong link between a student’s social economic status and her academic achievement in the classroom. This gap can range up to a 40% difference in scores. This academic inequity does not bode well for the future of Vermont because of the negative impacts it will have on future taxpayers and employers. Not to mention the devastating effects it has on a student and her ability to attain her hopes and dreams. The House Education Committee has taken testimony about best practices and interventions that have effective in reducing the achievement gap which include quality pre-k education, positive school climates, expectations of students, innovative teaching practices, and before and after school programs. We are working on how best to implement these solutions in all of our schools in the most productive manner.
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Energy Initiatives in State Buildings
The state of Vermont spent about $26 million dollars on energy in 2010, excluding costs associated with road maintenance. The state of Vermont owns about 1400 structures. The department of buildings and general services is responsible for managing about 250 properties. Other agencies, principally the Agency of Transportation manage the remaining buildings.
The department of buildings and general services is the lead group currently engaged in energy conservation initiatives, the bulk of its work has focused on electrical energy conservation.
The Speaker of the House has issued a challenge to reduce energy use by 20%. Energy consumption is being understood, baseline data is being gathered, and financing strategies being studied with a goal of reducing the environmental impact of energy consumption, creating sustainable systems and saving money for the people of the state of Vermont. With wise conservation, renewable energy investments in the state’s building infrastructure and transportation choices state government can lead through its example.
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Veterans Tax Credit
Our veterans have been dutifully serving our state and country both domestically and overseas. Roughly 13% of recently deployed veterans find themselves unemployed after returning home to Vermont. The Legislature is helping Vermont businesses to create jobs for veterans by providing incentives for businesses to hire unemployed veterans who have recently returned from service. The Veterans Tax Credit will supply a $2,000 tax credit to any business that hires and employs an unemployed recent veteran for at least a year. The tax credit is also available to unemployed recent veterans who choose to start their own business. Our veterans have served us well and Vermont is taking steps to insure jobs for veterans.
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Drunk Driving - DUI
Recent tragedies in Burlington and St. Albans have increased public awareness of the dangers of drunk driving, but the issue has long been a concern of the House Judiciary Committee. Keeping Vermont roads safe from drunk drivers and reducing the incidence of repeat DUI (driving under the influence) offenses are among the committee’s top policy goals. Indeed, we have succeeded in reducing drunk driving in Vermont—and about 80% of people who get cited for DUI never get another citation. But repeat offenders pose an ongoing challenge.
We know that suspending someone’s driver’s license doesn’t keep him/her from driving. But installing “ignition interlock devices” (IIDs) has had success elsewhere. Last year we authorized a pilot program, currently underway, and in July this incentive-based program will be available to DUI offenders under the custody of Corrections. IIDs work by requiring the driver to blow into a device that will keep the car from starting if it detects alcohol. It requires re-tests at random intervals and causes the car’s lights to flash and horn to beep if the device detects alcohol then. Vermont’s program also includes a camera and immediate data transfer.
The committee is also looking at other approaches to address this issue, including increasing penalties for those who are convicted of a repeat DUI offense that results in death or serious bodily injury. One proposal establishes an advisory minimum sentence of five years, with judicial discretion in the interest of public safety and justice. The committee is also reviewing a program that establishes “24/7 mandatory sobriety,” which is underway with some apparent success in South Dakota.
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Education Funding
The House Ways and Means Committee is working on several proposals which change how we assess and collect the education portion of our property taxes in Vermont. We are concerned that our current system has become too burdensome and complex and in some cases unfair.
We are considering five changes:
1) State administration of the education tax including calculating, billing and collecting education property taxes. Among the challenges are: Who would be responsible for the collection of delinquent taxes? How will towns manage payment to schools without managing ‘the float’?
2) Changing the way the CLA is represented on the education tax bill. If we did this you could compare different tax rates in towns and school districts from year to year.
3) Currently we of manipulate the base education per pupil payment and the base state education penny rate tax and base education income tax rate. Alternately, we would use the amount in the education fund contributed by all sources to produce a capacity base education per pupil education spending rate. Each school district could then determine their own local tax rate based on the percent their local spending exceeds the state capacity to fund education.
4) Several options to improve transparency and equity of our education property tax. The options include an income based tax, a property based tax, and one in which households pay a percentage of their education property tax based on income.
5) Moving the calculation of ‘household income’ to federal adjusted gross income taken directly from the federal form. This would simplify the system for both the taxpayer and the tax department and resolve some of the current problems with calculating household income.
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The Budget
The sluggish economic recovery continues to create budget difficulties for households, businesses, and government on the local, state and national level. The legislature will pass a balanced budget this year, as Vermont has always done, but after four year of declining revenues and cuts the job is increasingly difficult. In the past three years we have faced and addressed revenue shortfalls that total $753 million. To solve those budgets gaps we’ve imposed $260 million in budget reductions; applied $401 million of federal stimulus funds; added $30 million in new tax revenue and improved compliance; and used $61 million out of reserve and redirected funds.
The $173 million shortfall in this coming year’s budget largely comes from the loss of federal stimulus funding, which helped us weather the brunt of the economic storm with the most minimal impact to Vermonters as possible. The good news is that thanks to revenue improvements and good fiscal management in the current year, we will have $29 million in extra funds that we can apply to the shortfall.
Further, our actions last year created savings in this year’s budget; permanent changes to teacher’s retirement, a 2 year pay cut for state employees and ongoing structural changes to government services. Without these, we would be looking at least an additional $53 million hole.
In order to focus limited state financial resources on our top priorities, the Appropriations, or budget-writing Committee has been asking agencies to describe the outcomes they are trying to achieve. This is another step we are making towards outcomes-based budgeting in which tax dollars are used to pay for specific, proven results. We are working to prioritize investments that meet the most basic needs of Vermonters and strengthen our economy.
The legislature is working diligently to make the state’s expenditures match its revenues in order to maintain Vermont’s fiscal integrity as well as our commitment to citizens most in need of help in this tough economic time.
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