by Anne Galloway July 1, 2013 vtdigger.org Six weeks is a lifetime in politics, especially once the legislative session comes to a close. The minute the last gavel falls, the mavens of the Vermont Statehouse ‘lawmakers, the governor’s staff, the press, advocates, lobbyists ‘scatter ASAP. It’s not that people don’t love the place ‘for many it’s an addiction ‘but the four months’worth of intensity wears even the stoutest politicos down. When 500 people gather in a small historic space for 18 weeks and make demands of one another day after day for 12 hours at a stretch, nerves get frayed. Tempers flare; unsavory exchanges occur. It’s all part of the process, as they say.
Gov. Peter Shumlin, left, with House Speaker Shap Smith, right, and Senate President Pro Tem John Campbell, far right, on Jan. 11, 2013. Photo by Roger Crowley/VTDigger
This year was no different, except in its particular variations on the struggle between those who have power (i.e., the governor and legislative leaders) and those who don’t, namely a few rebels among the rank and file.
The twist this year was a new form of internecine Democratic warfare not seen since the Dean era. Gov. Peter Shumlin’s budget proposal drove a wedge between the Fifth Floor and the overwhelming Democratic Legislature. Shumlin shocked the party faithful by tacking further to the right than his Republican predecessor on welfare reform and cuts to a popular anti-poverty program. Shumlin pitched a budget with more than $30 million in new spending based on untried revenue sources that failed in the Senate and the House.
In the waning days of the session, unexpected tax receipts filled a $10 million budget hole and enabled the governor to save face. Shumlin used the windfall to humiliate Democratic leaders who proposed modest tax increases and bucked his proposal to use the Earned Income Tax Credit to fund subsidies for child care workers.
Other measures ‘especially the liberal policies the governor proposed ‘were eagerly embraced. Major social policy changes made this session include: decriminalization of possession of small amounts of marijuana, driver’s licenses for migrant workers here in the United States illegally, a legal means for terminally ill patients to take their own lives with prescription drugs and a brace of pro-union bills.
Senate President Pro Tem John Campbell figured out how to run the Green Room without always appeasing his colleagues and the governor (who effectively ran the Senate from the Fifth Floor in the last biennium). The pro tem’s leadership was called into question after a tumultuous first term, and in December, Campbell promised he would learn from his mistakes if his colleagues gave him another chance. His new team ‘Rebecca Ramos, his savvy aide de camp, and Sen. Phil Baruth, a political newbie who became majority leader this session ‘kept the pro tem on task and on schedule. Most importantly, Campbell demoted several committee chairs who had challenged his leadership. By the end of the session, even Sen. Dick Sears, D-Bennington, begrudgingly gave Campbell a B+.
House Minority Leader Don Turner, R-Milton, left, and Brian Savage, R-Swanton compare notes during the final moments of the 2013 legislative session. Photo by Andrew Stein/VTDigger
Speaker Shap Smith maintained his authoritative power over the House of Representatives, but his vice grip on individual committees slackened somewhat when his deputy, Willem Jewett, got embroiled in ideological infighting with Republicans and conservative Democrats over budget issues.
The politics will, by the time the next session rolls around, likely be forgotten. What will survive the feints, fights and intrigue of 2013 are the some 98 bills the Vermont Legislature passed and the governor signed into law. (While that may sound like a lot, it’s a far cry from the 713 bills that were introduced.)
There were no vetoes, no post-session drama over bills that were quietly allowed to go into law without the governor’s signature. That’s because all the wrangling took place in the Statehouse long before Shumlin’s general counsel, Sarah London, embarked on the arduous process of vetting all 98 bills for the governor’s approval.
Of that number, 89 went into effect on July 1.
Legislative Council, the legal arm of the House and Senate, has written a 70-plus page analysis of the enacted laws. Though the general themes are familiar, many of the details of the final acts will likely be new news, even to Statehouse insiders.
Here’s a rundown by subject. All of the information that follows is based on the ‘Summary of the Acts and Resolves of the 2013 Vermont General Assembly.’
Agriculture
H.515, Act No. 83
Slaughterhouse rules
If you prefer to have your chickens slaughtered at home, you’re in luck. Act No. 83, also known in a previous life as H.515, allows itinerant slaughterers to give the coup de grace to home-grown livestock. Read Kate Robinson’s story about the state’s new slaughtering rules.
H-2A employers get a break
The state will forgive farmers who failed to pay or withhold state income taxes for employees working under the H-2A temporary agricultural visa prior to Dec. 31, 2011.
Buffalo milk, anyone?
Milk from animals other than cows must be labeled as such.
S.157, Act. No. 84
Hemp farmers get a little help from the state
The state has removed a ban on growing industrial hemp, which under the new law is defined as Cannabis sativa with a tetrahydrocannabinol, or THC, concentration of 0.3 or less. Under the new statute, the Vermont State Police will not be obliged to apprehend farmers who grow hemp. The seeds of the plant are used as feed for chickens and the fiber is used in clothing and rope. Because of its similarity to marijuana, it has been banned by the federal government. The Drug Enforcement Agency opposes hemp production. Read Andrew Stein’s story.
Alcoholic beverages
S.61, Act No. 64
Beer lovers unite
So much for the governor’s slight against ‘Gucci’beer, i.e., the $8-a-glass specialty a la maison brews that are all the rage in Vermont. The state will allow out-of-state and in-state brewers to ship beer directly to Vermont consumers.
Appropriations
H.533, Act No. 51
Capital bill investments
Over a two-year period, the state will invest $173 million in capital construction projects. About $67 million of that total will go to repairs and renovations related to damage to state infrastructure by Tropical Storm Irene; about half of that amount is for costs associated with rebuilding the Waterbury State Office Complex in 2015. The ag lab, which was destroyed in the 2011 flood, has been put on the back burner. The legislation calls for a feasibility study of a joint lab for the Agency of Agriculture and the Agency of Natural Resources.
About $2.5 million will go toward the Montpelier district heat plant project; $1.2 million is needed to remediate mold at the Vermont Veterans’Home in Bennington.
The commissioner must develop a proposal for a secure residential facility by Jan. 15, 2015. In the meantime, the state is using a temporary structure on the grounds of the Middlesex Vermont State Police barracks.
The new state hospital in Berlin will be called the Vermont Psychiatric Care Hospital.
Other miscellaneous details of interest? The legislation authorizes the sale of Building 617 in Essex. It also requires the commissioner of the Department of Buildings and General Services to develop a 10-year capital investment plan. It calls for the placement of an historic roadside marker at the Cedar Creek Battlefield in Virginia and requires the incorporation of renewable energy sources, energy efficiency and thermal energy conservation in new state building construction or renovation. State aid for school construction has been suspended.
Bill McKibben addresses the Vermont House of Representatives in January. Photo by Audrey Clark
Commerce
S.7, Act No. 47
Social networking
A committee will give online snooping by employers a hard look this year as they consider whether to prohibit the practice. Keith Flynn, commissioner of the Department of Public Safety, has said the state requires prospective employees to provide access to Facebook accounts.
Patent trolls get the kibosh
A new consumer protection law gives businesses legal tools to defend themselves against ‘patent trolls.’Trolls often file baseless claims hoping to force companies to pay a licensing fee to settle the claim out of court. The new law will increase the cost and risk of pressing a baseless claim of patent infringement against Vermont companies.
Conservation
H.131, Act No. 24
State to set parameters for electric biomass plants
Two electric wood chip plants have recently been proposed in Vermont ‘one in North Springfield and another in Fair Haven. Environmentalists are concerned that biomass plants would significantly increase forest harvesting in Vermont. A new law requires that biomass facilities adhere to the highest efficiency standards and comply with harvesting standards that ensure forest health.
H.262, Act No. 58
Paint stewardship program
This law sets the stage for the creation of a paint collection program for leftover paint products by July 1, 2014. The so-called ‘stewardship’program is charged with reusing, recycling, and disposing of paint from residential projects. The program is to be supported through a ‘stewardship’assessment on paint containers of five gallons or less.
Crimes and criminal procedures
H.511, Act No. 13
Zappers beware
The state has made it a crime to ‘sell, purchase, install, transfer or possess’a so-called zapper ‘a software program that ‘falsifies transaction data on a cash register,’enabling a retailer to misrepresent the amount of sales tax owed to the state.
S.20, Act No. 62
State extends limit on child sex crime prosecutions
The statute of limitations for sex offenses against children has been extended to 40 years. Previously, prosecutions could only be pursued within 10 years after the offense was reported or before the victim turned 24.
H.65, Act No. 71
The ‘pulp fiction’clause
A witness or victim of a drug overdose can seek life-saving medical attention without being prosecuted for drug-related crimes. Read Alicia Freese’s story.
An officer shows House Judiciary Ziploc bags containing 1 ounce and 2 ounces of marijuana. Photo by Alicia Freese/VTDigger
H.200, Act No. 76
First-time pot smokers get a pass
Instead of getting slapped with a six-month to 24-month prison sentence for first-time marijuana possession, pot smokers will get a traffic fine for up to an ounce of the drug. The state previously punished possession of up to 2 ounces of the drug with a six-to-24-month prison sentence. Vermont legalized the use of marijuana for medical purposes in 2004, and it is the 17th state to decriminalize limited possession of the drug.
Domestic relations
S.31, Act No. 63
Gold-diggers beware
This statute prohibits the court from speculating on the value of a person’s potential inheritance in a divorce proceeding. Assets and estate planning are still subject, however, to review.
Economic development
H.395, Act No. 87
The Vermont Sustainable Energy Fund
The state’s business lending institution the Vermont Economic Development Authority will be given $10 million to finance sustainable energy projects for businesses in Vermont. The Vermont Sustainable Energy Fund is designed to encourage companies to invest in energy savings, renewables and technologies that support efficiency. The law also increases the number of members of the VEDA board from 12 to 15. The three new members must include the commissioner of the Department of Public Service, the commissioner of the Department of Forests, Parks and Recreation, and a Vermont resident appointed by the governor.
House Representatives are sworn in at the start of the session in January. Photo by Roger Crowley/VTDigger
Education
H.521, Act No. 56
Criminal background checks, special education, private schools
School authorities must now review the Child Protection and Vulnerable Abuse registries each time a teacher renews his or her license. For the first time, the state and superintendents can share criminal background check information with other entities.
The Secretary of the Agency of Education must issue a report on school employment of special education paraeducators by 2017.
A committee will be formed to study the impact of the conversion of public schools into private institutions.
H.538, Act No. 60
Lowering of spending thresholds for schools
The state will lower the so-called ‘excess spending threshold’for schools that spend more than the statewide average. Schools that currently spend 125 percent of the average pay a penalty. In 2015 and 2016, that threshold will be lowered to 123 percent; in 2017, the threshold will be 121 percent.
S.4, Act. No. 68
Concussions; allergic reactions at school
This law requires schools to develop a ‘concussion action plan’that outlines procedures that must be undertaken when a student experiences a head injury. In 2015, it requires that a health care provider be present for collision sports events. Read the story by Tom Brown.
School nurses can administer epinephrine injections to students who are experiencing an allergic attack.
S.130, Act No. 77
College jumpstart
High school students can now enroll in up to two courses at local state colleges at no expense.
Executive branch
H.2, Act No. 19
They’ve got your number (and letters)
Law enforcement can now use Automated License Plate Recognition Systems to collect information about all vehicles in Vermont. There are at least 46 license plate readers mounted on police cruisers, bridges and traffic lights in Vermont. Each reader can scan hundreds of license plates each minute. The information is held by the Vermont Information and Analysis Center in Williston. The new law requires that the data be destroyed after 18 months unless a court approves an extension.
Lawmakers surround Majority Leader Willem Jewett, as opponents of a gas tax try to enter a petition into the record on Wednesday, March 20, 2013. Photo by Nat Rudarakanchana/VTDigger
Fish and Wildlife
H.101, Act No. 78
Boars and black bears
In case you were wondering, wild boar may not be imported or possessed in Vermont.
And that black bear fishing around in your trash? Better think twice before pulling out your 0.22. State law requires Vermonters to use reasonable, ‘nonlethal’methods of removal first.
If that bear has been a nuisance, farmers are eligible for compensation from the state.
But whatever you do, don’t feed the bears. Memo to Gov. Shumlin, who famously scrapped with a momma black bear last year: Don’t forget to take down your bird feeder.
National Guard
H.536, Act No. 53
Sexual harassment report
The adjutant general of the Vermont National Guard must issue an annual report about complaints of sexual harassment.
Health
H.136, Act No. 25
Free screening
As of Oct. 1, health insurance companies must eliminate co-payments for mammography and colorectal cancer screening.
H.315, Act. No. 35
Health insurance for same-sex spouses
The law prohibits health insurers for out-of-state companies from discriminating on the basis of sexual orientation or gender identity.
Sen. Claire Ayer and Bob Ullrich, an active proponent of physician-assisted death, talk after Gov. Peter Shumlin signed into law a bill allowing terminally ill patients to obtain a lethal dose of medication. Photo by Alicia Freese/VTDigger
S.77, Act. No. 39
Patient-directed death
Patients with a diagnosis of less than six months to live have the right to obtain lethal prescriptions to terminate their own lives.
H.522, Act No. 75
Preventing abuse of prescription drugs
The law requires health care professionals who prescribe opiates to register with the Vermont Prescription Monitoring System. Opiates can only be dispensed to patients or a patient’s representative, and pharmacists must obtain a signature and photo ID for the recipient. For more information, read the story by Alicia Freese.
S.81, Act No. 85
Ban on flame retardants
Chlorinated flame retardants in children’s products and upholstered furniture and brominated flame retardants used in plastic shipping products are prohibited by the state.
Insurance
H.95, Act No. 43
Life insurance
The state requires insurance companies to make an attempt to contact the beneficiaries of unclaimed life insurance policies. If beneficiaries can’t be located, the money must be submitted to the state of Vermont as unclaimed property.
Child care workers testified in force at a Statehouse public hearing on Wednesday evening. Those in red represented the Vermont Workers Center, while those in blue supported the legislation, and those in white opposed it. Photo by Nat Rudarakanchana/VTDigger
Labor
H.280, Act No. 15
Fines for non-payment of wages
The penalty for employers who don’t pay workers increases from $500 to $5,000. The statute protects workers who file complaints with the Vermont Department of Labor from retaliation from their employer.
H.99, Act No. 31
Equal pay
Employers are prohibited from retaliating against employees who discuss their wages and who exercise their rights as workers under state and federal laws. Under the law, workers can request a flexible work schedule. Employers are required to consider requests twice a calendar year.
S.14, Act No. 36
Payment of agency fees
Workers who do not belong to a union but benefit from collective bargaining will be required to pay two-thirds of union dues.
H.169, Act No. 82
Unemployment tax relief
Businesses that lay off workers as the result of a natural disaster are eligible for unemployment tax relief.
S.85, Act No. 86
Workers’compensation
Firefighters and ambulance workers who contract a lung disease caused by airborne or blood-borne pathogens are eligible for workers’compensation.
Motor vehicles
S.150, Act No. 57
The no-nos: Texting, idling
Drivers who text while driving will not only get hit with higher fines, but will also get slapped with five points on their driver’s licenses. And forget about dialing in a work zone ‘when you see the orange signs it’s better to drop the call.
Idling a vehicle for more than five minutes in a 60-minute period is now illegal.
Migrant workers at a bill-signing in Montpelier that allows them to obtain ‘operator’s privilege cards’so they can drive in the state with or without documentation. Photo by Alicia Freese/VTDigger
S.38, No. 74
Driver’s licenses for migrant workers
Residents who are in the United States illegally can obtain driving privilege cards in Vermont.
Public records
S.148, Act No. 70
Records of a criminal investigation are now subject to the federal Freedom of Information Act, which sets recognized standards for determining when information regarding a law enforcement action must be made public.
Public safety
H.182, Act No. 26
Search and rescue
The Department of Public Safety will hire a coordinator who will be responsible for search and rescue operations involving state and local resources.
H.50, Act No. 30
Regulation of pets
Vermonters who sell cats, dogs and wolf-hybrids must have a pet dealer permit from the town clerk.
SEE 2013 SUMMARY OF ACTS & RESOLVES
Editor’s note: Inside the Golden Bubble is an occasional political column by vtdigger.org about the Vermont Legislature.