weekly statehouse roundup #7

Week #7 at the statehouse was full of hearings and happenings. Republicans were pleased to see Rep. Lynn Dickinson from St. Albans Town elected to the Board of Trustees for the Vermont State Colleges. Here are other reports:

Rep. Vicki Strong from Albany reports the House Judiciary Committee looked at several bills, at least one of which will be one coming to the floor in the upcoming week. Rep. Gary Reis, from St. Johnsbury will report H. 634 , pertaining to municipalities being able to collect money on fines from people who remain outstanding unpaid fines for municipal ordinances. There is a big backlog of unpaid municipal fines in many communities. The unpaid fine would be turned over to collection agencies for collection and it would be moved from a criminal jurisdiction to a judicial bureau. Also the committee discussed a bill that would help to provide appropriate facilities for mental health patients needing close supervision in a locked building while they are in treatment. The State is looking into providing these types of facilities. Concern is growing over many of these patients who continue to be housed in prison on an emergency basis since Hurricane Irene. Much testimony was taken on H.535, a bill authorizing appropriations for a study on racial disparities in our criminal system. We heard from the State Police, City Police, several Justice Centers and individuals who wanted to share their personal stories. According to recent data released last week, our State Police are doing an excellent job with following policies set in regard to racial bias. The Committee will be discussing results of all of the testimony to determine how to deal with this bill. Given difficult economic struggles in the current economy, Rep. Strong doesn't see the need for another study paid for by the state. She believed testimony indicated a study was not necessary at this time. Continued work is being done on revising legislation for ignition interlock devices, and on mediation in foreclosure proceedings.

Rep. Mark Higley of Lowell reports the House Government Operations Committee took more testimony on the Office of Professional Regulation bill. Dentists, Psychology, Radiologic Technology and Naturopathic Physicians were all discussed. There was discussion of a proposal prepared by CPA Raymond Cota to help stem the tide of embezzlement here in Vermont. Some of Auditor Tom Salmon's information was included in the proposal. The Committee talked with Representative Mike Marcotte regarding H.587, the incompatibility of Treasures and Delinquent Tax Collectors positions. A closer look at possible checks and balances is being considered instead of dis-allowing the Treasurer to also be the Delinquent Tax Collector. Much more discussion is needed!

The House Institutions and Corrections Committee report was submitted by Rep. Linda Myers of Essex. She reports a hodge-podge of testimony in Committee room as members continued work on the Waterbury Complex, Capital Budget Adjustment issues, mental health needs of the corrections population, and overall capital planning. The Committee took responsibility for H. 577, an act relating to public water systems, and took testimony from Rep. Peter Fagan, the bill’s sponsor, and Larry Fitch of ANR. The bill will possible appear on the floor next week. As for the bill on mental health needs of the corrections population, a committee bill is nearly complete. It may also appear next week. In regards to the Capital Budget Adjustment bill, testimony continues on various sections of the bill in anticipation of receipt of the Freeman French Freeman report on the Waterbury Complex. The Committee looks forward to their recommendations on placement of state employees in various areas of central Vermont including Waterbury, Barre and Montpelier. The FFF report is expected March 9 and the Committee will get a first-hand look at the information it offers after the Town Meeting break. The Speaker has requested the CBA bill no later than a week and a half after the break. It will be interesting to see if that can be done. Rep. Myers offers kudos to the University of Vermont. The UVM acting president and other university staff visited the committee to reiterate the university’s decision to forego its $1.8 million capital construction funding in the FY 2013 Capital Bill and instead want that money to be used for Tropical Storm Irene relief. The Committee thanked the University for its generosity and for the school’s opening its doors to state employees displaced by the storm.

Rep. Jim Eckhardt from Chittenden reports the House Health Care Committee had an extremely trying week. The Committee Chair announced the Health Care Bill H-559 had to be out Wednesday or Thursday. On Wednesday night Rep. Komline from Dorset and Rep Eckhardt were prepared to work into the night hours to get the bill out. However, instead of closing sections of the bill, the committee seemed to be wasting time. Six hours was spent discussing parts of the bill without closing even one of the remaining five remaining sections. At 5:30 pm the Chair called it quits and stated that the Committee would need to close sections first thing in the morning and that the following day would be a very long one. Rep. Komline and Rep. Eckhardt stated that the Committee should and work the issues through. That did not happen. There were two issues that the Republican team really cared about in the bill. One concerned plans inside and outside the Health Care Exchange to generate competition and give Vermonters the choices intended by the Federal Law (PPACA). Instead it appeared the Administration wanted to herd people into the exchange and not have an option outside the exchange. They stated that they wanted a robust exchange and did not want people taking away from the exchange by going outside of the exchange “we need as many people in the exchange as possible”. The second issue was the proposal by the administration to have a Basic Health Care Plan outside the exchange that would increase Medicaid from 133% of Federal Poverty Level to 200% of FPL. This plan by the administration fly’s right in the face of the inside/ outside discussion. If they wanted everyone inside the exchange than why did the Committee design a new plan outside the exchange? Apparently options in the New Health Care Plan were needed that would not be available inside the exchange. The committee then took a strange twist Wednesday by attacking the brokers that sell insurance. It was stated that brokers (people who sell insurance) in Vermont add about 5% to the cost of insurance in Vermont. It was brought up that once the exchanges start we will be contracting with navigators to provide that function and that just the administration of the exchange was going to cost us approx $10 million. The majority on the Committee would hear nothing of it and in true partisan politics, drafted language to go after the brokers. They gave the brokers a 12 hour window to come in and testify. On Thursday at 4:15 pm the bill was passed out of the house on a partisan vote of 8 in favor 2 against and 1 absent. This bill passed without knowing what the plans are, how much the plans are going to cost or how they will be paid for. It continues to set the Doctors on a path of having to quit their practices and either join hospitals/FQHC or leave the state. It also now funnels all people who work for an employer with under 50 employees into the exchange (herding). Rep. Eckhardt is hopeful the Senate can take some of these question marks and turn them into knowns.

Rep. Mike Hebert from Vernon reports the House Natural Resources & Energy Committee continued to take testimony on H.468 and H.485, the Renewable Portfolio Standards (RPS) and Solid Waste bills. Rep. Mike Hebert met with representatives of the Windham Solid Waste Management District (WSWMD), Bob Spencer Exec. Dir. and Betty Frye from the Board of Directors. They discussed the concerns of small haulers and businesses centered around H.485. He also spoke with the Chair of NR&E and learned a rewrite of the bill is in the works. This coming week the concentration will be on H.485 with goal to bring the bill to a committee vote on Thursday or Friday. At this time H.468 has been put on hold.

The Fish, Wildlife and Water Resource Committee did a lot of work this week on the yet un-numbered Lakes Bill, a committee bill. Rep. Peter Fagan reports the bill would create a Water Resource Preservation Program to improve the water quality of the state, address flood damage issues including prevention and provide reasonable assurance regarding Total Maximum Daily Load implementation. A fee would be established by the Natural Resources Board by rule on all developed property and property used for farming.Property exempt from taxation shall NOT be exempted from paying this fee. A penny or more would be added onto the education property tax to fund the program and all property including non-profits, schools, churches, municipal and state roads and infrastructure would be assessed the tax. Then a tax based upon every property’s impervious surface area would be added. The Committee is not attempting to fix this. The bill would also take 50% of all unclaimed bottle deposits on a monthly basis through a very cumbersome bottle deposit transaction account apparatus that is not completely developed. A great deal of the bill addresses agricultural water quality issues. It was stated in the committee that" if you own a horse, you are a small farm operation and all small farm operations shall have a full blown nutrient management plan!" There was great discussion around defining the small farm operation and the responsibility they should take by statute to clean the state's waters. Competing environmental interest groups offered different ideas on the same topics. This issue is an agricultural issue and should be in the Agriculture Committee but there does not seem to be interest in the Committee to send it there. A study is to be developed to work on the funding mechanism. Regarding H644 the state's fishing access areas is a conundrum. Fishermen and hunters want the parking areas, while recreational users want parking access also.
H560 plus another related bill, Certification and training for anyone operating machinery in streams and conducting stream alterations, seem to be a priority due to Irene and the damage caused by all the operators who were in streams or rivers after the flood. There has not been much work done on this bill, but the gist is that everyone on a machine working in a stream will need training and a certification in addition to the stream alteration permit or in the case of a flood, an emergency stream alteration permit. This would be a paper permit issued to the machine operator. A fisheries biologist would approve the emergency permit after a member of the legislative local body approves the permit request and then the secretary of ANR would approve. Rep. Fagan reports that then the emergency permit would finally be forwarded to the operator who, if he screws up, will be punished with fines.