March 24, 2013
Hello all,
Here we are in an early spring that says winter. However, if the recent trend of freezing nights and warming days holds it should be good for sugaring. Sunday I stopped by Keith Armstrong’s sugarhouse for Maple Sunday and was happy to see many families and neighbors enjoying this early spring Vermont tradition.
Monday April 1 at 6:30 PM at the Solomon Wright Public Library, the Pownal Historical Society is presenting: Jim Fisk, Jr. Birthday Celebration
On Monday, the 1st of April, there will be a free showing of the movie “The Toast of New York” to celebrate the birthday of Pownal’s native son, Jubilee Jim Fisk, Jr., who was born in North Pownal on April Fools Day 1835. The film and birthday party are being hosted by the Pownal Historical Society at 6:30 pm at the Solomon Wright Library on Main Street.
This 1937 RKO picture stars Edward Arnold as the Country Peddler turned Wall Street Bull, CARY GRANT as his ally and sidekick, and Frances Farmer as Fisk’s beautiful mistress and femme fatale. Watch the action as Jim sneaks behind Confederate lines to ship southern cotton to Jordan Marsh’s northern mills to make blankets, uniforms, and tents for Union troops during the civil war. Follow his rise on Wall Street as he joins forces with the infamous Jay Gould and Ol’ Daniel Drew to swindle millions from Commodore Vanderbilt in their fight for control of New York’s railroads.
Whether he was a good man with a taste for the hunt in the bare knuckles days of the Robber Baron era, or a true scoundrel, Jim Fisk, Jr. was a fascinating true Vermonter who left his mark on Vermont, Wall Street, the Civil War, and Pownal.
Birthday Cake will be served. For more information, please call
Ken Held at 802-823-5536.
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The state house was especially busy last week as we spent the entire week on the floor debating the many bills recently voted out of House committees. Here’s my weekly list of bills voted through the House and sent to the Senate for further review. Because there are so many, my descriptions are brief. If you have questions or need more information please let me know. Most of the bills are not covered in the press as they are not controversial, however they are important to many Vermonters and I include them so you can see the breadth of the House’s work.
H. 511 An act relating to “zappers” and automated sales suppression devices
Zappers are “a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies transaction data, transaction reports, or any other electronic records of electronic cash registers and other point-of-sale systems.”
This bill prohibits their sale, purchase, installation, transfer, or possession and includes suitable penalties and fines. It passed on a unanimous voice vote.
H. 136 An act relating to cost-sharing for preventive services Mammogram screening Colorectal cancer screening
This bill keeps health insurers from imposing cost-sharing requirements for colorectal cancer screenings and mammograms and it clarifies that health insurance plans must cover both the preventive screening and all associated services. It also passed on a voice vote.
H. 431 An act relating to mediation in foreclosure actions
This bill amends a number of the requirements for mediation in foreclosure actions. It relates to foreclosures on “dwelling houses of four units or less that are occupied by the owner as a principal residence unless:
(1) the loan involved is not subject to any government loss mitigation program requirements;
(2) prior to commencing the foreclosure action, the mortgagee or a representative of the mortgagee met with or made reasonable efforts to meet with the mortgagor in person in Vermont to discuss any applicable loss mitigation options; and
(3) the plaintiff in the foreclosure action certifies in its complaint that the requirements of subdivisions (1) and (2) of this subsection have been satisfied and describes its efforts to meet with the mortgagor in person to discuss applicable loss mitigation efforts.
The Vermont Bar Association has the authority to establish a fair and neutral mediator selection process. If the mortgagee and mortgagor are unable to select a mediator through the selection process established by the VBA, the court appoints a qualified mediator for the case.
It does not apply to commercial loans.
H. 2 An act relating to the Governor’s Snowmobile Council
This bill adds the Commissioner of Forests, Parks and Recreation to the Governor’s Snowmobile Council.
H. 107 An act relating to health insurance, Medicaid, and the Vermont Health Benefit Exchange
This bill prepares Vermont to set up the Health Benefit Exchange required by federal law and facilitates Vermonters entering the exchange this fall. Much of this bill is technical as it restructures programs and changes names of programs. For example, individuals in Catamount Health, Catamount Health Assistance, and Vermont Rx programs will move to the exchange and be eligible for federal benefits supplemented by Vermont. The bill also makes minor technical and clarifying amendments to laws on health insurance, Medicaid, the Children’s Health Insurance Program, VPharm and the coming Vermont Health Benefit Exchange.
Two amendments were offered to the bill. One proposed what is called a concierge feature that would allow individuals to pay physicians for extra services not covered in the exchange. This amendment was defeated 44 to 94 largely because it is premature and no testimony was taken on the proposal. I voted no at this time. Another amendment requires that the annual audit of the Green Mountain Care Board is provided to the legislature. This vote passed 139 to 0.
H. 515 An act relating to miscellaneous agricultural subjects
This housekeeping bill amends our Agriculture, Food and Markets law. It defines what constitutes an itinerant slaughterer, allows the Agency to sell its mobile poultry unit to provide matching grants to promote poultry slaughter and poultry processing capacity. It also prohibits using temperature compensation in the delivery of liquid fuels, except liquefied petroleum gas. This is to insure honest weight. The bill distinguishes between milk from cows and other sources such as goats. It also allows the Secretary of Agriculture, Food and Markets to award grants for the costs associated with a required larval survey in the mosquito control program.
H. 299 An act relating to enhancing consumer protection provisions for propane refunds, unsolicited demands for payment, and failure to comply with civil investigations
My Commerce Committee had several bills on the floor this week. Recently we have been working on many consumer protection measures brought to us by the Attorney General’s Consumer Assistance Program. Propane continues to be an issue. This year’s bill deals with the problem of companies not picking up tanks and refunding customers in a timely fashion after a customer switches to another company. It also deals with false bills sent to businesses as a scam. Other sections help people buying used cars that are lemons by making sure they understand what an as is sale may be. It especially focuses on dealers who sell a half dozen to a dozen cars a year who are currently unlicensed. Another measure makes sure that if your car is towed that you can find out where it is and what storage fees may apply. Often after accidents the driver and passengers may be taken to the hospital for extended periods of time. Sometimes it is hard for them to find out where their car may be while storage fines add up.
H. 99 An act relating to equal pay
This bill deals with the problem of unequal pay for equal work. The findings in the bill will give you a good idea of the bills purpose.
The General Assembly finds:
(1) Pay inequity has been illegal since President Kennedy signed the Equal Pay Act in 1963 and Vermont outlawed pay discrimination in the Fair Employment Act the same year. In 1965, President Johnson signed Executive Order 11246, which requires federal contractors to certify their compliance with federal nondiscrimination laws, including the Equal Pay Act.
(2) Notwithstanding these laws and notwithstanding the fact that women today make up nearly half of the workforce, pay inequity remains a persistent problem. Nationally, women earn roughly 78 percent of what their male counterparts earn. In Vermont, women fare only slightly better, earning roughly 84 cents per dollar earned by men, according to the National Partnership for Women and Families.
(3) Pay inequity affects all households. Nationally nearly 40 percent of mothers bring home the majority of their family’s earnings, and nearly 63 percent of mothers bring home at least a quarter of their family’s income.
(4) Research has shown that pay inequity may arise even if an employer does not specifically intend to discriminate against workers based on sex. For example, some employees may not have a fair opportunity to negotiate pay because they lack the opportunity to know what similarly situated employees earn. Other employees may avoid or be channeled into lower-paying assignments or career paths that are viewed as more compatible with family needs. Other employees may temporarily drop out of the workforce because there is insufficient workplace flexibility; when such employees do return to the workforce, they may be unable to catch up to employees performing the same work.
(5) A number of European countries, such as Great Britain, France, and Germany, have successfully implemented laws that grant employees the right to ask for flexible workplace arrangements without fear of retaliation and that require employers to consider such requests in good faith. Employers with flexible, family-friendly policies tend to have lower rates of absenteeism, lower rates of employee turnover, and higher worker productivity.
(6) Research has also shown that short paid parental leaves tend to keep women in the labor force longer and that women who take such leaves tend not to earn less than their male counterparts.
The bill passed 115 to 22 and I voted yes. Success in the future is going to depend on Vermont developing and attracting the best possible workforce, especially in areas that require post secondary education. More women than men now attend and graduate Vermont colleges and as usually both spouses work these days, to be successful we need to attract and keep this segment of the workforce.
H. 105 An act relating to adult protective services reporting requirements
The House Health and Human Services Committee has become aware of problems of abuse neglect and exploitation of some adults. However there is currently inadequate data on investigations of the reports. The bill aims to gather the data and make sure it is reported in a timely fashion to the legislature.
This bill’s findings are also instructive.
The General Assembly finds that:
(1) According to the 2012 Annual Report on Adult Protective Services, the Adult Protective Services program received 1,829 reports of abuse, neglect, and exploitation in 2012 and opened 872 investigations.
(2) Currently there are no data that explain why 957 reports received in 2012 were not investigated.
(3) Consistent data are not available that explain what referrals were made to assist or protect the alleged victims.
(4) According to an August 2012 report prepared by the Self-Neglect Task Force convened by the Department of Disabilities, Aging, and Independent Living, in 2010 the Department’s Adult Protective Services program received 263 reports of self-neglect and investigated 42 of those reports.
(5) The Task Force report explains that although Adult Protective Services makes numerous referrals to law enforcement and other agencies, the available data do not identify the number of referrals that were made in response to allegations of self-neglect or to whom reporters or persons who were self-neglecting were referred.
(6) The Department of Disabilities, Aging, and Independent Living recently awarded grants to Vermont’s five Area Agencies on Aging to support and enhance coordinated community responses to persons who are self-neglecting. The request for proposals for the grants acknowledges a lack of data at both the state and community levels to determine the scope of the problem of self-neglect
H. 178 An act relating to anatomical gifts
The bill addresses a situation that has left cadavers in limbo at the Chief Medical Officer’s quarters. It also strikes a provision that allows physicians and medical schools to obtain unclaimed dead bodies for researchwithout prior consent from the deceased. An organ and tissue donation working group, which expired last January, is reconstituted to explore ways to increase donations in Vermont.
H. 405 An act relating to manure management and anaerobic digesters
This bill clarifies which areas of on farm electric generation the Public Service Board covers and which the Agency of Agriculture. This is critical to developing dairy methane electrical generation based on manure management.
H. 510 An act relating to the State’s transportation program and miscellaneous changes to the State’s transportation laws
This bill was one of the most debated during the week as it changes how we fund Road and Bridge maintenance and repair through the gas tax. The problem is that revenues are declining as we use much less gas these days. As a result the per gallon tax we collect for repairs is in a steep decline. We can also anticipate greater use of electric and hybrid vehicles and other efficiency measures through advanced engineering and manufacturing. Still our highways need to be in decent condition for economic development and the free flow of commerce. The changes also are needed to match about 35 million in needed federal dollars that would otherwise go to other states. The gas tax approach also makes sure out of state drivers contribute. Prices should remain competitive with Massachusetts and less than New York.
The House Transportation Committee first worked hard to cut as much as they could from the transportation budget reducing the Governor’s proposal by 4.4 million. They also worked to limit dollars from the Transportation Fund used to support related services such as some of the State Police’s funding and a DUI program. The tax proposal moves from an amount per gallon to a percentage of the sale. The changes will take place over a few years. Here’s how the proposal works.
New percentage tax – A 2% assessment, which will be levied on the tax adjusted retail price of gasoline. The new percentage tax is structured like the Transportation Infrastructure Bond (TIB) assessment and is not part of the gasoline penny per gallon tax. Gasoline wholesaler distributors collect and remit the tax to DMV. For wholesalers, the tax represents a cost they must take into account in setting the prices they charge retail dealers.
A floor and ceiling was placed on the new percentage tax. The floor was established to kick in when per gallon pricing of regular gas is $3.88. The tax ceiling would kick in if the pump prices reach $5.30.
TIB Bonding - part of the package in H.510 approves bonding issuance to yield $10.6 million for FY 2014 appropriate projects.
Reduced AOT spending - $4.4 million was reduced from the Governors recommend.
Coming years - Reduction in the current cents-per-gallon tax and an increase in the percentage tax -starting in FY2015. The cents per gallon tax is reduced by 5.9 cents and the percentage tax increases by 2% to a total rate of 4%.
Coming years - Inflation adjustment of the fixed cents per gallon tax - estimated to annually adjust price between 1/4th of a cent to 4/10th of a cent using the Construction Price Index (CPI).
Coming years – Reduction of transfer from transportation fund – Under current law $25.2 million of t-funds are allocated each year to the State Police (the most referenced “raid” on t-fund) H.510 reduces this transfer by $2.5 million in FY 2015 and another $2.5 million in FY 2016.
The committee also looked hard at other possible funding mechanisms but rejected them as less favorable to Vermonters. A floor amendment that proposed eliminating Amtrack was soundly defeated. In the final vote the bill passed 105 to 37 and I voted yes. As the bill moves forward I expect the Senate will make changes to how revenue for transportation will be raised.
H. 377 An act relating to neighborhood planning and development for municipalities with designated centers
This is another Commerce and Economic Development Bill. In the Intent and Purpose Section it says:
(1) Economically strong downtowns are critical to the health and well-being of Vermont’s communities; and downtowns are the natural location for both small businesses, and other uses that together constitute the diverse fabric of communities that define Vermont’s quality of life
(2)Vermont’s distinctive character of historic downtowns and villages surrounded by working landscapes is recognized worldwide. This character defines Vermont’s image, economy, and sense of place as well as its community spirit and identity, which are enjoyed by residents and visitors alike. This distinctive character is among our most valuable assets, and investing in its health is a critical component of the State’s overall economic well-being. The General Assembly recognizes the particular importance of Vermont’s downtowns as historic regional centers providing services and amenities to nonresidents and further recognizes their need for targeted support in avoiding continued loss of commercial and residential land use to the surrounding area.