Category Archives: State House

House, Senate poised to withdraw controversial tax plan, pave way for copacetic adjournment

Speaker of the House Shap Smith

Shap Smith

House and Senate Democrats look poised to end their veto showdown with Gov. Peter Shumlin by withdrawing an income-tax overhaul that would have delivered tax cuts to more than 200,000  middle-class Vermonters.

Neither House Speaker Shap Smith nor Senate President John Campbell have made any definitive announcements today about the status of their battle with Shumlin over the tax reform proposal. But in an interview on WDEV’s the Mark Johnson show this morning, Smith seemed to indicate that he didn’t want to escalate the standoff.

“It’s going to be a good proposal if it’s passed this year, or if it’s passed (next year),” Smith said.

Since the impacts of the reform proposal wouldn’t begin taking effect until fiscal year 2015 anyway, Smith said, “our feeling is we can still do it (next) January if we decide not to go forward with it today.”

The tone telegraphed the withdrawal of the proposal – an official announcement will be coming later this afternoon – a concession that would signal the end of a late-session battle that has pitted the Democratic governor against a House and Senate controlled by members of his own party.

Smith and Campbell had sought to cap itemized deductions, and used the resulting revenue to bring down marginal income-tax rates across the board. The changes would have had the effect of increasing taxes on about 15,000 wealthier tax filers, and decreased obligations modestly for about 240,000 people, mostly in low- and middle-class tax brackets.

Janet Ancel

Janet Ancel

Rep. Janet Ancel, chairwoman of the House Committee on Ways and Means, championed the plan as a revenue-neutral way of delivering tax relief to working Vermonters. Shumlin, however, said the proposal violated the no-new-taxes pledge he entered into with lawmakers last week, and made it clear he would veto the bill if it made it to his desk.

Shumlin also criticized the plan for coming so late in the session, and said it hadn’t been sufficiently vetted.

Smith this morning said that if there’s going to be a fight over the proposal, he wants it to be over the merits of the policy, not over whether it came too late in the session, or whether it reneges on any deals.

“We don’t think something that’s pretty good policy should be clouded by technical arguments, and we don’t want to fight about anything other than, is this a good idea?” Smith said.

In the months between now and the second half of the biennium, Smith said, he believes he can help Shumlin learn to appreciate the rightness of the House and Senate’s thinking.

“We think this is a fair tax policy that’s going to lower taxes for over 200,000 Vermonters, and we think we can take the time and convince the governor that this makes sense to do,” Smith said. “We think this is something the governor and the Legislature should be out championing, not fighting about.”

The dispute over tax policy may the most contentious issue standing between lawmakers and a Tuesday adjournment, but it isn’t the only area of disagreement in the building.

An effort to insert into the budget language previously stricken from a bill dealing with mountaintop wind development has tripped up negotiations around the $5.3 billion bill. House lawmakers are trying to desperately to salvage pieces of an education-funding reform bill that has stalled in the Senate. And the House floor this evening – and perhaps well into the night – will have one last debate over an end-of-life-choices bill that appears all but certain to win final passage.

House fuels up for long night of debate over end-of-life choices

House lawmakers this evening rejected a last-ditch attempt to postpone action on “death with dignity,” paving the way for an hours-long debate that will likely end with the preliminary approval of legislation that would allow doctors to prescribe lethal doses of medication to terminally ill patients.

 

An amendment offered at the outset of this highly anticipated floor debate sought to delay indefinitely action on a bill known here as “S.77.” The measure failed by a vote of 51-90, after which House Speaker Shap Smith declared an hour-long recess for dinner.

 

When debate resumes at 7:30 p.m., lawmakers will consider a slew of amendments, most of them authored by opponents of the legislation. Rep. Mary Morrissey, a Republican from Bennington, for instance, wants medical examiners to have to list the lethal dose of medication as the immediate cause of death for people who choose to avail themselves of what critics call “physician assisted suicide.”

 

Rep. Duncan Kilmartin, a Newport Republican, wants to spend $250,000 to create a “special investigations unit” at the Attorney General’s Office, where a prosecutor and investigator would work full-time probing for abuses of the new statute.

 

“People who are well-educated and or well-heeled may have the resources to make very informed decisions,” Kilmartin said during a Democratic caucus earlier today. But when you look at what constitutes an informed decision, there are many among us without those resources, either monetary or (intellectual).”

 

Rep. George Till, a Jericho Democrat and the lone medical doctor in the Legislature, will offer an amendment that would create a tiered medical license system – one for physicians who would agree to aid in hastening the death of a suffering patient, one for those who would not.

 

Till said a significant number of doctors have ethical issues with the practice, and “don’t want to be painted with a broad brush as part of a physician community that performs this.”

 

Till’s amendment calls for a signifying decal to be placed on the medical licenses of doctors who have said they would consider prescribing the lethal dose.

 

And Rep. Doug Gage, a Rutland Republican, will offer an amendment that would require a doctor to be present at the time the patient takes the medication. Gage’s proposal would also institute a host of record-keeping requirements, including the number of seconds between the moment a patient takes the medication, and moment they lose consciousness.

 

Democrats representing the committees of jurisdiction on this issue – human services and the judiciary - summarily dismissed the need for each of the amendments earlier today, and they all are expected to fail later tonight. Rep. Linda Waite-Simpson, an Essex Junction Democrat, said Gage’s request for physician oversight would make for an “unnecessary intrusion into a very private and sad time for a family.”

 

As for the use of a stop clock between ingestion and death, Waite-Simpson said, “I don’t know why anybody would want to know that information. It does not seem pertinent.”

Vt. GOP struggle: Go moderate? Or stay the course of conservative?

Phill Scott

Phil Scott

They’ve descended to super-minority status in both the House and Senate, and lay claim to just one of Vermont’s six statewide offices.

By the numbers at least, the once-dominant Vermont Republicans have reached a new low in their years-long fall from grace. Their fight for the future, however, is being waged not with the Democrats that so embarrassed them in the last two election cycles, but among fellow Republicans vying against each other for control of the party’s organizational apparatus.

The emergence of two factions — one led by Vermont Republican Party Chairman Jack Lindley, the other by Lt. Gov. Phil Scott — has pitted the old-guard GOP against a cadre of upstart reformists looking to put some distance between themselves and the Republican National Committee.

As a group led by Scott pieces together a statewide re-branding strategy aimed at picking up the centrists and Independents he says have been turned off by the party in recent years, Lindley and others are beginning to push back against a plan that would, in Lindley’s words, “turn its back on the national party.”

“I’m not about to go down the road of trying to have a party in Vermont that’s Democrat-lite,” Lindley said in an interview last week.
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Administration wants to cut jobs of people helping welfare beneficiaries find them

Gov. Peter Shumlin made headlines in January when he proposed a five-year lifetime cap on welfare benefits. But lawmakers only recently found out that he also wants to eliminate 12 positions dedicated to helping welfare recipients find the jobs they need to get off the program.

Commissioner of Children and Families David Yacovone said Tuesday that he wants to divert $1.2 million away from job-placement services for Reach Up beneficiaries and toward substance-abuse counseling for the same population. Yacovone said that even after the cuts, his agency will retain a robust in-house employment-services division.

“But what we don’t have is enough mental health and substance abuse services,” Yacovone said. “The folks that we’re asking to go to work need mental health and substance abuse help, and we haven’t been providing that.”

The cuts would phase in over two years- six positions would be gone beginning fiscal year 2014, and the remainder would disappear the year after that.

Advocates for low-income Vermonters say the proposed changes couldn’t come at a worse time. More than 700 Vermont families later this year would face a reduction in benefits, or the elimination of them altogether, if the Democratic governor’s plan to impose a 60-month lifetime cap wins approval.

According to data provided by the Vermont State Employees Association, each position slated for elimination has a caseload of 40 to 60 welfare recipients. Christopher Curtis, a staff attorney at Vermont Legal Aid, said the state ought to be ramping up job-placement services in advance of the time limits, not paring them down.

To say that the Reach Up plan at this point is half-baked would be to suggest that the oven is even on,” said Curtis, a staunch critic of the proposed 60-month cap. “The goal of the program is to help people successfully graduate from Reach Up and get back to full and stable employment. And that’s exactly what these employees they want to eliminate are doing.”

For more on this story, check out tomorrow’s editions of The Times Argus and Rutland Herald.

Vaccine issue resurfaces in Montpelier, but leadership not keen on reliving old battle

One of the surprise controversies of 2012 arrived at the Legislature in the form of a bill that sought to rescind the “philosophical exemption” invoked by hundreds of parents across Vermont to sidestep school vaccination requirements.

A grassroots coalition of well-organized citizens managed to quash the legislation, convincing lawmakers to adopt a watered-down version that made it only slightly more difficult to invoke the exemption.

One the top supporters of the 2012 bill, however, is renewing the push this year to address what he says are alarmingly low vaccination rates in pockets of the state.

Rep. George Till, a Jericho Democrat and the lone medical doctor in the Legislature, wants to remove both the philosophical and religious exemptions for the vaccination that prevents pertussis – a.k.a. whooping cough. And at public schools where the vaccination rate drops below 90 percent, Till has a separate bill that would revoke the religious and philosophical exemptions for any vaccination.

Till says the pertussis problem is particularly acute, growing from 18 confirmed cases in 2010 to 645 in 2012.

“And in 2012 that included four cases in infants,” Till says. “And while we got lucky and none of them died, the quote mortality rates for infants is 50 percent, so we really could have had a tragedy.”

The second bill would take a school-by-school approach to the vaccination issue, eliminating the religious and philosophical exemptions only at public schools that fall below the 90 percent threshold. When rates for any single vaccination fell below that mark, Till says, his bill would require all current and prospective students to have the vaccine administered. Parents that didn’t comply wouldn’t be allowed to send their children to the school. Till says the bill preserves the medical exemption.

Rep. Mike Fisher, chairman of the House Committee on Health Care (on which Till also sits) doesn’t sound keen on revisiting the vaccine issue.

He says the House dedicated a lot of time to the issue last year.

“We addressed vaccinations last year, and I think we should give that law time to play out before coming back to it,” Fisher says. “I don’t think we’re interested in taking it up at this time.” In a report submitted last week to the Legislature, Commissioner of Health Harry Chen said the most effective way to protect “immunocompromised” students is to require universal immunization.

Baruth withdraws proposed assault weapons ban, but gun-control debate lives on

Jeb Wallace-Brodeur / Staff  Photo                           Tim Griswold of Rutland wraps himself in a flag during a rally in support of gun rights at the Statehouse in Montpelier on Saturday afternoon.

Jeb Wallace-Brodeur / Staff Photo
Tim Griswold of Rutland wraps himself in a flag during a rally in support of gun rights at the Statehouse in Montpelier on Saturday afternoon.

Reported first by Green Mountain Daily’s Ed Garcia and confirmed first by Paul Heintz at Seven Days, Sen. Philip Baruth says he’ll withdraw a proposed ban on assault weapons.

Baruth’s proposal fueled a groundswell of opposition that erupted Saturday in Montpelier, when about 250 Vermonters rallied on the steps of the Statehouse in support of the Second Amendment. In a statement provided to Heintz, Baruth said “it is painfully clear to me now that little support exists in the Vermont Statehouse for this sort of bill.”

“It’s equally clear that focusing the debate on the banning of a certain class of weapons may already be overshadowing measures with greater consensus, like tightening background checks, stopping the exchange of guns for drugs, and closing gun show loopholes,” Baruth said.

Elected last month to serve as majority leader of the 23-member Senate Democratic caucus, Baruth also said “I owe it to my caucus to remove an issue that seems increasingly likely to complicate our shared agenda this biennium.”

Baruth’s decision to withdraw S32, however, won’t table the gun-control issue in Montpelier this year. Over in the House, Reps. Linda Waite-Simpson, an Essex Junction Democrat, and Adam Greshin, a Warren Independent, are dotting the i’s and crossing the t’s on a piece of legislation that will, most controversially, seek to ban ammunition clips containing more than 10 rounds.

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184 agriculture entrepreneurs vie for slices of “working lands” pie

Pent up demand for investment capital among agriculture entrepreneurs has sparked a massive response to the inaugural “Working Lands Enterprise Initiative.”

As part of an attempt to fuel a “renaissance” of the ag economy, lawmakers last year created a $986,500 pot of money from which farm entrepreneurs could apply for grants. The response was overwhelming.

The new program drew 184 preliminary applications from people seeking more than $9 million in funding. The requests are so numerous that the Working Land Enterprise Board will be “unable to invite all … applicants to submit a full proposal,” according to a press release from the Agency of Agriculture.

The time line for awarding grants has also been extended, to accommodate what will no doubt be a much longer review process.

A number of lawmakers say the response spotlights the need for investment capital among a class of businesses that sometimes struggles with conventional financing options. Many of those same legislators will argue that the state would be well-served providing some more start-up cash.

Money invested in value-added ag and forest operations tends to stay in the local economy. And the capital can often mean jobs in rural areas struggling with lower unemployment rates.

Look for proponents of last year’s “working lands” bill to use results from this first round of grant submissions to build the case for giving out more of them next year.

Sanborn Partridge, one of the “Young Turks”, passes away at 97

Sanborn Partridge

Sanborn Partridge

Sanborn Partridge, 97, one of the “Young Turks” of the Vermont House has passed away. He had a varied and full life, but the part that pertains to politics is summed up this way in his obituary:

From 1961 to 1970, he served in the Vermont General Assembly, and 1970 to 1981 in the Senate. He was a part of the “Young Turks,” a group of Republicans and Democrats who worked together on many projects for the good of Vermont including the highway sign bill, and reapportionment. He was a member of the executive board of the University of Vermont, serving as Chairman for one year. He also served on the boards for the Proctor, Rutland and Vermont Historical Societies, several library boards, the Rutland Hospital, the Red Cross and the Union Church of Proctor.

Partridge, a Republican, recalled his membership in the “Young Turks” for a Vermont Folklife Center interview:

The gang that the newspapers tagged as the Young Turks were eleven. One of them had been there the year before, but ten of them were freshman Legislators. And we used to get together, I think it was Thursday evenings, or after five o’clock and our house rule was no drinks for the first hour. And we traded information about the committees on which we served. I think we were windows into something like seventeen committees out of twenty, maybe. And so we could clue each other on what was coming up. It was simply a felt need to learn that we were working on.

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Shap Smith lands third term as Speaker

Speaker of the House Shap Smith

Shap Smith

The most powerful member of the Legislature has officially begun his fifth year in the House’s top leadership position.

Elected in a unanimous voice vote, Smith this morning delivered a 15-minute speech that touched on jobs, the economy, global warming, renewbale energy, public education and workforce development.

It was an agenda that dovetails seamlessly with the one Peter Shumlin will outline in his inaugural address tomorrow, though Smith didn’t once mention the governor.

All 150 members of the body were just sworn in in unison. We’ll bring you more on Smith’s wide-ranging speech soon.

 

 

 

House, Senate getting ready to kick off 2013

This year will feature plenty of contentious debates over things like the budget, health care, renewable energy and drug policy.

But today will be more style than substance as lawmakers settle in for the rituals of the new biennium.

The House chamber is already beginning to fill up in anticipation of the election of Shap Smith to a third term as Speaker of the House. Smith will then deliver a speech to the 150-person body before presiding over the swearing in of new members.

The Senate ceremonies will go down in much the same way, though Senate President John Campbell faces a challenge for pro tem in the form of Republican Diane Snelling.

Advocates will try to make an early mark on elected officials. A coalition of environmental groups convened a press conference earlier this morning to seek assurances from lawmakers to improve the quality of Vermont’s waterways. The Vermont Workers Center is holding a rally at 11:30 this morning telling lawmakers to “Put people first.” The group tends to come out in large numbers, and will be seeking a budget geared toward the interests of low- and working-class Vermonters.

A couple unions – 1199SEIU and AFSCME – are on hand today in advance of their legisaltive push to organize about 6,000 home-care workers in the state.

Stay tuned here at www.vermontpressbureau.com for live updates from the festivities.

 

 

 

Senator wants sway over Public Service Board, and more from the first bills of 2013

Forget about broad-based taxes, death with dignity, marijuana decriminalization and probitions on mountaintop wind: the first House bill of the new biennium aims to simplify judicial bookkeeping.

In a sure sign that the new session is nearly upon us, legislative staff have unveiled the texts of bills that are ready for introduction.

H1 is a gripping bit of statute that would repeal a provision requiring superior court clerks to “keep a book of judgments separate from the originals.”

Like most of the 1,000 or so bills introduced in a given biennium, H1 won’t generate much talk outside the committee to which it’s assigned. But in addition to the mundane work of legal bookkeeping, lawmakers will consider scores of bills this year that could have a real impact on the lives of the Vermonters they represent.

Take H6, introduced by Rep. Paul Poirier, the Barre City Independent who late last month dropped his insurgent candidacy for Speaker of the House. Poirier’s legislation would add “mental injury” to the list of job-related afflictions for which employees are entitled to workers’ compensation.

In the Senate’s first piece of new legislation, Sen. Tim Ashe, a Chittenden County Democrat/Progressive, wants to require judges “to consider the approximate financial cost” of a sentence before handing down a ruling.

It won’t the first go-round in Montpelier for many of the bills under consideration in 2013. Already on the calendar in the Senate is a bill relating to concussions in youth sports. Lawmakers failed to reach consensus on a proposal last year; S.4, introduced by Ashe, Sen. Dick Sears and Senate President John Campbell, would, among other things, prohibit a coach from letting a child reenter a game after suffering a concussion.

Sen. Robert Hartwell, a Bennington Democrat and vocal critic of the Public Service Board, promises to spark a lively debate with his first piece of legislation of the biennium. Hartwell, an opponent of ridgeline wind development and wireless “smart meters,” want to give the Senate more influence over the composition of the three-person panel responsible for regulating those technologies.

Hartwell’s S16 would require the governor’s appointments to the Public Service Board to first win consent from the Senate.

You can scroll through the first 24 bills of the session yourself at

http://www.leg.state.vt.us/docs/serviceMain.cfm, and expect to see many more added in the coming days.

Legislators mourn loss of Greg Clark

By Peter Hirschfeld | Bureau Chief

MONTPELIER – Elected officials of all political stripes are mourning the death of Rep. Gregory Clark, the five-term Republican from Vergennes killed in a traffic accident Friday morning.
Police say Clark was killed on Route 7 in Waltham early Friday morning after stepping out his car to clear his windshield and being struck by another vehicle.
As law enforcement officials pieced together the circumstances surrounding the deadly incident, Clark’s House colleagues recalled his compassion for his constituents, and the humor with which he often advocated on their behalf.
“He was a great guy who really cared about Vermonters, and in particular young Vermonters, and making sure they had the tools they needed to be successful,” said Democratic House Speaker Shap Smith.
Rep. Johanna Leddy Donovan, chairwoman of the House Education Committee on which Clark served, called him one of the “most popular” members of the entire body. Continue reading

Taylor, Ellis to run for assistant majority leader

Waterbury Rep. Rebecca Ellis, and Barre Rep. Therese “Tess” Taylor are seeking a Democratic caucus vacancy in the Statehouse as the assistant majority leader, a position that helps facilitate communication between legislators and party leadership.
“I think in that process it’s really important for the individual legislators to know that they’re being heard and have an opportunity to speak and have an opportunity to discuss ideas and priorities,” Ellis said.
Ellis was appointed as a state representative by Gov. Peter Shumlin in 2011, and was recently elected to a full term.
She has also served on the Waterbury Select Board for seven years, including four years as chairwoman. She also served on the Waterbury Planning Commission from 2001 to 2006.
Ellis said in addition to helping build consensus through the funding and construction of two firehouses in Waterbury, she was moved by the ability of a group of people to work together in the wake of Tropical Storm Irene and that her experience was something she could bring to assistant majority leader.
During the immediate aftermath of the storm, a key group of about 20 leaders often met daily for about a month, and Ellis also helped facilitate 22 long-term recovery projects.
Taylor was first elected as a state representative in 2008. She served two three-years terms as a school board member with Spaulding High School and Barre Technical Center, which included time as chairwoman. She’s also been on the board of the Barre Supervisory Union, which she’s also chaired.
One of her major accomplishments in working with others includes helping resolve an 11-day teachers’ strike in 2005.
She also has board experience with the Central Vermont Workforce Development Board and Barre Partnership, a nonprofit focused on revitalizing the city’s downtown that she has headed as president.
Taylor said she’s been able to reach out to others because of her experience with the Vermont Historical Society, where she previously served as the director of education and public programming.
As reported in Seven Days, the opening comes as the current Democratic whip, Addison County Rep. Willem Jewett, is seeking the position of majority leader. Caledonia County Rep. Lucy Leriche held that position, but she didn’t run for re-election.
The caucus will vote on the decision Dec. 8.

Citing autocratic style, Poirier plans to challenge Smith for Speaker post

BARRE — Rep. Paul Poirier, a Barre independent, said Friday he’s planning to challenge House Speaker Shap Smith, a Morrisville Democrat, for the leadership post in January.
“I’m quite sure that is what I’m going to do,” said Poirier, who plans to make a formal announcement Wednesday. But leaving the door open to a change of heart, he said he’s about “90 percent” certain he’ll run.
A longtime Democrat who first ran as an independent in 2010, Poirier said he has been troubled by what he sees as Smith’s autocratic leadership style — a style he said has marginalized minority parties and chilled debate in Vermont’s House of Representatives. Continue reading

Sales tax expansion likely not in offing for 2013, GOP ad notwithstanding

In its newest 30-second television ad, a Republican super PAC warns Vermonters that Montpelier is on the verge of enacting a major expansion of the sales tax. Really though, it’s probably not.

It’s true that a number of prominent Democrats have voiced support for a plan that would lower sales tax rates by expanding the scope of things to which the sales tax applies. That would mean assessing a sales tax on services provided by auto mechanics, plumbers, lawyers, hair dressers and the like.

Supporters of the idea say the economy has evolved since the sales tax came into being in 1971, and that the sales tax needs to reflect those changes in order to remain a sustainable source of revenue. In 1971, Vermont consumers spent equally on goods and services. Today, about 70 cents of every consumer dollar is spent on services.

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