State House Report: Inauguration week

Through a special arrangement with VBM, Leonine Public Affairs provides a summary of legislative activity in Montpelier for week ending January 20. 2017.

Leonine Public Affairs This week at the State House there has been as much focus on what is happening nationally as there has been here in Vermont. With the swearing in of Donald Trump as our nation's 45th President, many in Montpelier discussed the ramifications his administration may have on Vermont. Many fear President Trump’s actions will significantly impact the state’s budget and are concerned that his cabinet appointees have agendas that run contrary to Vermont’s policy goals.

The first area of disagreement between Governor Scott and the Democrats who control the legislature emerged this week regarding the matter of merging the Agency of Commerce and Community Development with the Department of Labor (see more below). The Scott administration says the new agency will better align the needs of employers with the skills of the workforce. Some Democratic lawmakers have expressed concern that the merger will reduce the state’s ability to regulate employment practices. The Senate will hold hearings on the Governor’s proposal to merge these critical functions of state government on January 31st .

The Emergency Board, which consists of the Governor and chairs of the money committees, voted this week to lower the state revenue general fund forecast for the current budget year (FY17) by $24.6 million and the next budget year (FY18) by $7 million. Corporate income taxes are the source of most of the shortfall although personal income taxes are also expected to fall short of expectations.

The House Appropriations Committee voted 11-0 on Friday to advance a FY17 budget adjustment bill. The bill approves the governor’s budget adjustment proposal with few modifications. Now they will then turn their attention to the FY18 budget. Governor Scott will deliver his FY18 proposed budget address on Tuesday, January 24.

EXECUTIVE ORDERS
Governor Phil Scott issued three executive orders this week designed to restructure the administrative branch. The orders would create a new Agency of Digital Services to oversee information technology in state government, combine the Department of Liquor Control and Lottery Commission into a single department and create a new Agency of Economic Opportunity. The legislature has a 90-day window to act on the orders. The House or Senate can vote to block an order by resolution but if no action is taken the orders will go into effect in mid-April.

Agency of Digital Services

Governor Scott proposes to create a stand-alone Agency of Digital Services, replacing the existing Department of Information and Innovation. The agency would be run by a new Secretary of Digital Services who would report directly to the governor and have authority over IT personnel throughout state government. Currently, IT directors and staff throughout state agencies and departments report to their respective secretaries and commissioners. Under the new structure, IT personnel would report directly to the Secretary of Digital Services.

Administration officials told legislators this week the reorganization will result in better oversight and management of state IT services. They say the current Department of Information and Innovation, which is housed within the Agency of Administration, does not have the authority or reach to be able comprehensively manage IT. They say a stand-alone agency will make state IT operations more efficient and be better equipped to develop a vision for the future of IT in state government.

Liquor Control and Lottery

Combining the Department of Liquor Control and the Lottery Commission into one department with one commissioner and board will create regulatory and business efficiencies according to administration officials. Currently both departments sell to many of the same customers – namely stores. Having one department to regulate and sell liquor and lottery products will help streamline functions like licensing and oversight.

Agency of Economic Opportunity

Governor Scott proposes to combine the Agency of Commerce and Community Development and Department of Labor into a single Agency of Economic Opportunity. The order would also pull workplace safety oversight out of the Department of Labor and put it into the Department of Public Safety.


CLEAN WATER REPORT
State Treasurer Beth Pearce made the rounds this week to many committees to present the highlights of her office’s Clean Water Report. Clean water is a priority for the state as visitors and vacation owners spend $2.5 billion annually on tourism. Much of this spending can be linked to the waters of the state.

In 2014, the legislature passed Act 64, which strengthened the statutory authorities aimed at reducing water pollution and established an initial stop-gap funding source through the Property Transfer Tax to fund the Clean Water Fund for three years. Act 68 also directed the Treasurer’s office to produce a report that outlines potential funding mechanisms for water cleanup initiatives. The total 20-year cleanup costs are estimated to be $2.3 billion, while existing funding sources are projected to generate just $1.06 billion.

The report puts forward several recommendations for bonding and outlined 34 potential revenue sources for lawmakers to consider. The Treasurer recommended that a per-parcel fee be included if existing revenue sources cannot be utilized. To read the full report click here. The full list of revenue sources can be found beginning on page 59.


TAX EXPENDITURE REPORT
There are two primary ways to get money from the government - obtain a direct appropriation or get a break from the amount of taxes or other liabilities that you would otherwise owe. The Joint Fiscal Office released the 2017 Tax Expenditure Report this week. The report identifies and quantifies every tax credit, deduction, exclusion or other provision that reduces the amount of revenue that the state would otherwise collect. For the first time the report includes “expedited reviews” of certain tax expenditures to determine if they are achieving policy goals, including the cap on the sales and use tax for tracked vehicles and the clothing and shoes sales tax exemption. The House Ways and Means Committee plans to choose one or two expenditures to study more closely and possibly repeal or tweak.
TRANSPORTATION REVENUES DOWN
Transportation fund revenues for the first half of the current fiscal year (FY2017) came slightly below target due to lower than expected fee revenues and slower than expected growth in auto and truck sales. The revenue downgrade of approximately $3.2 million will be addressed in the budget adjustment process. Gas and diesel tax receipts were very close to target for the first six months of the fiscal year.

THE FUTURE OF VERMONT HEALTH CONNECT
During the 2016 legislative session the General Assembly instructed the Joint Fiscal Office to retain Strategic Solutions Group (SSG) - a consulting firm - to study and report on the IT problems associated with the state’s health benefits exchange, Vermont Health Connect (VHC) and whether, in light of those problems, there are feasible alternatives to continuing to operate VHC.

On Wednesday representatives of SSG made a presentation at a joint meeting of the House Committees on Health Care, Energy & Technology, and Corrections & Institutions. They explained that a driving factor in SSG’s recommendation that the state fix and stick with VHC is the fact most of the people who interact with the exchange do so for the purpose of receiving health coverage from the state’s Medicaid program, as opposed to purchasing insurance policies from commercial insurers. Because of the significant Medicaid component to VHC the federal government has committed to providing $62 million (with the state’s match being an additional $6.8 million) in funding for the fixes needed to VHC’s IT systems. On the other hand, the federal government will not fund the costs associated with switching to an alternative to VHC.

CONGRESSMAN WELCH ON UPCOMING CHANGES IN FEDERAL HEALTH POLICY
U.S. Congressman Peter Welch spoke to legislators on Wednesday about changes in health care policy at the federal level; namely, the prospect that the Affordable Care Act will be repealed. He said the Congressional Republicans, who have long sought the repeal of the ACA, are now like “the dog that chased and caught the bus,” i.e., now that they are in a position to accomplish their goal they are struggling with exactly what to do.

He said it is likely they will repeal the taxes imposed by the ACA, i.e., the tax on medical devices, the so-called “Cadillac tax” on high end health plans, and the surcharge on higher income Medicare beneficiaries. He pointed out that those taxes have funded the expansion of Medicaid, which Vermont has heavily relied on. However, beyond that Congressman Welch said it is unknown at this time exactly what changes Congress and the new Trump administration will make to federal health care policy. Representative Welch did praise President Trump’s position that the federal government should use its buying power to negotiate with prescription drug manufacturers for better drug prices.

CONTESTED ELECTIONS
On Friday the House Government Operations Committee took testimony on the contested election in Orange County. The committee heard from each of the six town clerks in the district regarding how they treat ballots that are defective or spoiled. There is some discrepancy between towns in how these ballots are handled - from placement in the ballot bags to whether improper sealing of the ballot envelope would disqualify the ballot. Attorneys for both candidates were also present and testified. The committee is expected to issue a report summarizing their findings early next week that may be taken up on the House floor for approval.

STATE ETHICS COMMISSION
The Senate Government Operations Committee began reviewing S.8 this week. Among other things, the bill proposes to create a State Ethics Commission that would have authority to accept, review, make referrals regarding and track complaints regarding governmental ethical conduct. The committee intends to complete their work on the bill and vote it out by the middle of next week.

Leonine’s bi-annual legislative reception will be held on February 2nd from 4:30-7:30 PM at our new offices located at 1 Blanchard Ct, Montpelier (behind City Hall). www.leoninepublicaffairs.com

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