Legislative Update: (Nearly) unanimous votes

Through a special arrangement with VBM, Leonine Public Affairs provides a summary of legislative activity in Montpelier for week ending March 31. 2017.

[NEARLY] UNANIMOUS VOTES

The House passed its version of the budget this week and did so in convincing fashion. With a 143-1 vote in favor of the bill, it was the most lopsided vote on the budget in long time. The “big bill” now moves to the Senate where changes will be made. However, given the resounding victory in the House, it seems unlikely these changes will be significant. More details on the budget later in the newsletter.

In anticipation of the budget the Senate announced that morning committees will shut downin two weeks. Morning committees include Economic Development, Natural Resources, Agriculture, Health and Welfare, Transportation and Judiciary. Typically, this means morning committees will stop meeting to allow the afternoon “money committees” to meet throughout the day. That said, there are situations when the morning committees will need to revisit issues passed early in the session when Senate bills come back from the House.

On TuesdayGovernor Phil Scott signed S.79, the immigration bill, into law. The bill passed the Senate unanimously and passed the House with 22 Republicans voting against the measure. The votes in both chambers appear to be a fair reflection of how Vermonters feel about the law. While the majority support the provisions in the law, there is a segment within the Vermont GOP who opposed taking this step. More on S.79 later in the newsletter.


BUDGET PASSES HOUSE
On Thursday, the House gave preliminary approval to the $5.8 billion FY18 budget bill by a vote of 143-1. The vote was an unprecedented tri-partisan show of support. There were several amendments to the budget presented on Friday morning, including one that would close the Windsor Prison facility to make investments in housing beds, child care subsidies, National Guard scholarships and a marketing campaign to brand Vermont as a good place to do business. No major amendments passed and the budget was approved by a voice vote with only one audible no vote.

The House Appropriations Committee was able to close a roughly $70 million gap without raising taxes or fees. The only new revenue included in the FY18 budget comes from $5 million in the Miscellaneous Tax bill. It’s a reflection of the Vermont brand of politics that all parties were able to come to the table to build a budget that received such widespread support. For many Republicans, it was the the first time since being elected to the Legislature that they voted in favor of a budget.

Click hereto see how the House Appropriations Committee was able to close a $70 million gap in the budget while raising only $5 million in revenue.


MISCELLANEOUS TAX BILL
The House approved the so-called “miscellaneous tax bill” by a vote of 138-0. While H.516 does not create any new taxes or raise existing taxes, it does generate additional revenue by enhancing tax compliance. H.516 decreases the amount a taxpayer can utilize as a “safe harbor” relative to their use tax liability. This is the tax Vermonters are supposed to report on items purchased out of state. In theory a reduction in the safe harbor amount will result in more people reporting and paying a use tax. It is expected that this change will raise an additional $1.8 million for the state’s coffers.

MARIJUANA BILL STUMBLES
Last week, the House Judiciary Committee approvedH.170, a bill that would allow adults 21 and over to possess up to one ounce of recreational marijuana. The bill also allows adults to cultivate marijuana and be in possession of two mature plants and four immature plants at a time. The bill does not allow for a regulated commercial market, in part due to concern over statements from the Trump administration about cracking down on states that have legalized marijuana.

H.170 was up for a vote on the floor of the HouseTuesdayafternoon. When it became clear that House leadership did not have enough votes to pass the bill, a motion was made to refer H.170 to the House Human Services Committee. The delay likely means H.170 will not pass in 2017.


CHEMICAL BILL PASSES SENATE
S.103 passed the Senate by a voice vote on Friday. The bill would create a committee within the administration to inventory chemicals being used and stored in Vermont. S.103 was introduced as an omnibus chemical regulation bill that expanded the authority of the Agency of Natural Resources and Department of Health to gather information on chemicals used by manufacturers in Vermont, bring enforcement actions against violators and ban chemicals used in consumer products.

The Senate Natural Resources Committee significantly amended the bill, removing all provisions except for the creation of the inventory committee and a provision related to well testing. This was in part because time constraints prevented thorough vetting of the 81 page bill. The Senate Health and Welfare Committee and Senate Judiciary Committee may take up the S.103 provisions that fall within their jurisdiction in the context of a new bill later in the session.

As passed the Senate, S.103 creates the Interagency Committee on Chemical Management to do the following:

  • Evaluate the use of chemicals in manufacturing in Vermont
  • Evaluate risk
  • Make regulatory and legislative recommendations
  • Be made up of representatives from the Agencies of Agriculture and Natural Resources and the Departments of Health, Labor and Public Safety
  • Create a citizen advisory council
  • Make recommendations on the reduction of the use of toxic chemicals in manufacturing

GOVERNOR SIGNS IMMIGRATION BILL
On Tuesday, Governor Scott signed S.79 into law, which would prohibit local police from assisting federal authorities with immigration enforcement unless they receive the approval of the governor in consultation with the attorney general. The bill was prompted by President Trump’s executive order seeking to ban citizens from certain countries entering the United States. S.79 received unanimous support in the Senate, and received tri-partisan support in the House.

PAID FAMILY LEAVE
The House Ways and Means Committee took testimony this week from proponents and opponents of H.196, the paid family leave law. The Joint Fiscal Office provided an updatedFiscal Noteon the House General, Housing and Military Affairs Committee’s version of the bill. The bill did not make the crossover deadline.

SALES TAX HOLIDAY FOR ELECTRIC VEHICLES
Officials from the Agency of Transportation asked the Senate Transportation Committee to consider adding a revised purchase and use tax holiday for electric vehicles to H.494, the transportation bill. In his January budget address, Governor Scott proposed a sales tax holiday fromSeptember 1 to September 17, 2017, for electric and hybrid vehicles that also run on gas (Toyota Prius is an example). The proposal recommended this week applies to all-electric vehicles and plug-in hybrids only. The vehicles would have to have an MSRP of less than $40,000 to qualify. DMV would be reimbursed by the energy efficiency charge from electric distribution utilities that have been deposited into the Electric Efficiency Fund so the state is made whole from the loss of tax revenue during the holiday. The Governor’s proposal received a cool reception in the House Ways and Means Committee earlier this year and the Senate Economic Development, Housing and General Affairs Committee removed it from an early draft of its economic development bill (S.135). The Senate Transportation Committee didn’t take a formal vote on whether to include the proposal in the T-bill but its prospects to make it through the entire legislative process this year look bleak.

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