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Legislature Week in Review: Halfway there

Submitted by tim on

Through a special arrangement with VBM,Leonine Public Affairsprovides a summary of legislative activity in Montpelier for week ending March 3. 2017.The Vermont General Assembly is on recess next week for Town Meeting so there will be no legislative report nextFriday, 3/10.

HALFWAY THERE

The legislature takes next week off to allow elected officials to head home and attend Town Meeting Day events. As this week is the 9th week of the legislative session it likely marks the midway point of the 2017 legislative session. While there is no certainty the session will last 18 weeks, that has been the case over the past few years. Whether the session will run 18 weeks this year is difficult to predict since we have a new governor and new leadership in the legislature. However, assuming it does, this week marks the halfway point.

Typically, an issue will emerge during the session that receives a great deal of unexpected attention. While this has not happened yet, one bill that could attract such attention is S.96, which seeks to shield reporters from being required to reveal their sources during court proceedings (more detail on that bill below). The bill received a fair amount of attention this past week and it could be an issue that grabs the attention of the public and the legislature, especially since its origins are tied to former Senator McAllister’s criminal case.

Another issue receiving attention this week was H.171, which deals with the expungement of criminal offenses. After several hours of impassioned debate the House approved the bill by a 88-51 vote. The bill allows a person convicted of specified criminal offenses to seek the expungement of their conviction much sooner than current law allows. It also changes the law to make it easier to obtain an expungement. Some House members argued for the need to protect the community by not making it easier for someone who had been criminally convicted to hide the fact they had been convicted. Others argued that if someone has paid their debt to society they should be given a second chance.

One issue many people will watch closely next week is school budget votes. These votes are always seen as a bellwether for how communities perceive the current fiscal situation. However, this year they carry even more weight. Governor Scott’s proposed budget makes significant changes to what is funded by the Education Fund as well as a proposal to shift some financial responsibilities to the teachers. However, the Governor’s proposals were immediately rejected by both the Senate and House. The governor and legislative leadership may try to use the results of school budget votes to prove that their path forward on the budget is the correct one.
HOUSE POLICY COMMITTEES SUBMIT BUDGET RECOMMENDATIONS
The House Appropriations Committee continued to work through the FY18 budget this week. They will have two full weeks after returning from the Town Meeting Week break to bring their proposal to the House floor for a vote. The committee asked each policy committee for input on their respective budgets of jurisdiction and letters were submitted to the House Appropriations Committee this week. The committee also set aside time to hear directly from other members of the House on their budgetary priorities. Lastly, each member of the House Appropriations Committee has been “assigned” a list of other House members to connect with in advance of a floor vote on the FY18 budget to ensure all members have an opportunity to ask questions about the bill.
CLEAN WATER BILL LEAVES HOUSE COMMITTEE
After weeks of work, the House Natural Resources, Fish and Wildlife Committee (HNRFWC) compiled a series of recommendations on clean water funding to send to the House Ways and Means Committee. The HNRFWC decided to submit this list along witha memo and a draft billrather than to formally vote a bill out. The committee ultimately elected not to recommend a $5 per night surcharge on hotel room reservations, but the list does include a $10 surcharge on each motor vehicle registration, a one percent increase to the alcohol tax and a one percent increase to the rooms and meals tax.Click hereto view a chart outlining the full list of recommendations. These proposals prompteda swift responsefrom Governor Scott, who has repeatedly stated his opposition to any new taxes or fees. The Governor has listed water quality as a top priority but has already proposed $50 million for clean water funding over the next two years and is in favor of taking more time to analyze all potential means of paying for cleanup costs in future years.
S.96 - VT PRESS CORPS LOBBY FOR BILL TO PROTECT SOURCES
Members of the Vermont press corps testified in the Senate Government Operations Committee this week in support of a bill that would protect journalists from having to disclose their sources to law enforcement. The bill, S.96, would block the use of a subpoena to obtain source information and any other information gathered by journalists in the course of reporting. The bill was introduced by Senator Jeanette White, D-Windham, and Senator Dick Sears, D-Bennington, in response to prosecutors in Franklin County who subpoenaed information from reporters during the trial of former state senator Norm McAllister. Prosecutors said reporters became witnesses and their information evidence when they interviewed both the alleged victim and McAllister. The reporters were called to appear in court.

Members of the press corps urged the committee to pass the bill, saying the protection of sources and information is vital to a free press. It remains to be seen if the bill will meet theMarch 17crossover deadline.
HOUSE GIVES NEW LIFE TO TELECOMMUNICATIONS FACILITIES SITING LAW
Earlier today the House gave final approval to H.50, which extends the “sunset” (automatic repeal) on the statute allowing wireless telecommunications providers to obtain permits for cell towers from the PSB in lieu of getting Act 250 and local zoning approval. That statute, section 248a, is currently slated to sunset this July. Under H.50 the sunset date is pushed back to July 2020. Section 248a was enacted in 2007, and since then the sunset date on it has been extended three times. If H.50 is enacted by the Senate it will be the fourth time the sunset has been extended.
T-BILL
The House Transportation and House Appropriations Committees unanimously approvedH.494, the annual Transportation Bill, also referred to as the “T-bill.” The bill will be up for action for preliminary approval in the House on Friday this week. The bill contains the state’s budget for paving and road projects for the upcoming year and various transportation policy related provisions. Of particular interest is Sec. 13 that establishes an automated vehicle technology committee that will study the legal and policy issues related to the operation of automated vehicles on Vermont highways.
HIGHWAY SAFETY BILL UNDER CONSTRUCTION
The House Transportation Committee is working a “highway safety bill,” which includes some provisions from the administration such as clarifying that the current 0.02 blood alcohol level for school bus drivers applies whenever the operation of a vehicle requires an operator’s license with a school bus endorsement. The committee is also considering adding a number of stand-alone bills to this bill including:

H.2, a bill that proposes to create a lien upon a motor vehicle in favor of a person who tows the vehicle upon request of the owner or a public official.

H. 146, a bill that proposes make Vermont’s implied consent statute consistent with federal court cases by providing that: (1) a warrant is required before a blood test can be given to a person suspected of DUI; and (2) a person cannot be criminally prosecuted for refusing to submit to the blood test.

H. 24, a bill that proposes to prohibit the operation of a motor vehicle by a person who has a 0.05 blood alcohol level and any detectable amount of the psychoactive constituent of cannabis in his or her body. A similar provision passed the House last year but it was controversial as some questioned the reliability of the current roadside tests for THC from cannabis.

H. 20, a bill that proposes to establish civil penalties for consuming marijuana or having an open container of marijuana while in an operating motor vehicle.

The bill is still being developed but the committee’s intention is to move it before theMarch 17thcrossover deadline.

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