2006 Interim Legislative Studies and Projects
VERMONT GENERAL ASSEMBLY
And
LEGISLATIVE COUNCIL / JOINT FISCAL OFFICE
Revised July 20, 2006
The following is a list of major projects and studies authorized by the General Assembly or its committees which involve legislators, legislative committees, or the staff of the Legislative Council and the Joint Fiscal Office for the 2006 interim. The list may be supplemented or amended during the course of the interim.
CONTENTS
AGRICULTURE
Dairy Price Support............................................................................................. 4
Dairy Hauling Fees and Stop Charges................................................................... 4
Animal Premises Registration System................................................................... 4
Fertilizer Use on Nonagricultural Turf .................................................................. 5
CORRECTIONS AND CAPITAL BILL STUDIES
Joint Legislative Corrections Oversight Committee................................................ 5
Capital Costs in County Courthouses.................................................................... 5
High Performance School Construction Standards................................................. 5
Capital Obligations............................................................................................... 5
EDUCATION
The Next Generation Initiative.............................................................................. 6
Pre-Kindergarten Education Study........................................................................ 7
Council on Education Governance........................................................................ 7
No Child Left Behind Oversight Committee.......................................................... 7
Civic Education Activities.................................................................................... 7
Commission on Higher Education Funding............................................................. 8
Union School District Articles of Agreement......................................................... 8
GOVERNMENT ORGANIZATION AND OPERATIONS
Access to Public Records.................................................................................... 8
International Trade and State Sovereignty............................................................. 8
Joint Legislative Committee on Administrative Rules.............................................. 9
Vermont State Retirement System Study.............................................................. 9
Agency of Natural Resources Restructuring........................................................ 10
HEALTH AND WELFARE
Commission on Health Care Reform................................................................... 10
Medicaid Deficit and Reimbursement Study........................................................ 11
Health Access Oversight Committee.................................................................. 12
National Legislative Association on Prescription Drug Pricing............................... 13
Mental Health Oversight Committee................................................................... 13
TANF Workgroup............................................................................................. 13
Nursing Home Sustainability Study...................................................................... 14
Cervical Cancer Eradication Study...................................................................... 14
Health Care Studies and Reports to the 2007 Legislature.
Prescription Drug Electronic Pedigree Study........................................... 14
Drug and Medical Supply Repository Study............................................. 15
Advance Directives Study...................................................................... 15
Vermont Information Technology Leaders (VITL).................................. 15
Medicaid Outreach Study....................................................................... 15
Health Care Reform Plan....................................................................... 15
Blueprint for Health............................................................................... 15
Medicaid Reimbursement Plan............................................................... 16
Access to Immunizations Study.............................................................. 16
Cost Shift Task Force............................................................................ 16
Hospital Uncompensated Care Standards and Reporting.......................... 16
Individual Market Study......................................................................... 16
Employer Assessment Study.................................................................. 17
Common Claims and Administration Study.............................................. 17
Master Provider Index Study.................................................................. 17
HOUSING
Vermont Affordable Housing Data..................................................................... 17
JUDICIARY, LAW ENFORCEMENT, AND THE COURTS
Criminal Code Study Committee......................................................................... 18
Joint Committee on Judicial Rules....................................................................... 18
Joint Committee on Judicial Retention................................................................. 18
Judicial Nominating Board.................................................................................. 19
Access to Criminal History Record Information................................................... 19
Juvenile Proceedings.......................................................................................... 19
Guardianship Monitors....................................................................................... 19
Victims’ Rights.................................................................................................. 20
Vermont Sentencing Commission ………………………………………………….20
LEGISLATIVE MANAGEMENT
Legislative Information Technology..................................................................... 21
Legislative Council Reorganization...................................................................... 20
Municipal Charter Project.................................................................................. 20
Statutory Revision and Codification..................................................................... 21
New Member Orientation …………………………………………………………. 21
NATURAL RESOURCES AND ENERGY
Ground Water Regulation and Funding................................................................ 21
Joint Energy Committee..................................................................................... 22
New Electric Generating Facilities; Public Engagement Process............... 22
Relicensing Vermont Yankee Nuclear Power Plant................................. 22
Outdoor Lighting Guidelines................................................................................ 23
TAXATION AND FISCAL
Income‑Based Tax Education System................................................................. 23
Determination of the Policy Role of the Property Tax Adjustments....................... 23
Analysis of Education Tax Burdens under Act 68 of 2003.................................... 24
Analysis and Advisability of Property Tax Adjustment Cap.................................. 24
Tax Expenditure Budget..................................................................................... 25
Basic Needs Budgets......................................................................................... 25
Tax Commissioner’s Advisory Working Group.................................................... 25
Household Income/Adult Disability Care Payments Study.................................... 26
Expansion of Use Value Enrollment for Farm Employee Housing......................... 26
Property Taxation of Trailer Coaches................................................................. 26
Vermont Tax Study........................................................................................... 26
Fish and Wildlife Funding Task Force.................................................................. 27
TRANSPORTATION
Vermont Rail Authority Study Committee............................................................ 27
Study of Motor Bus Fees and Taxes................................................................... 28
Rest Area Advisory Committee.......................................................................... 28
Joint Transportation Oversight Committee........................................................... 28
Agriculture
Dairy Price Support. In January 2006 a Steering Committee on Dairy Price Support was appointed. The steering committee was active during the 2006 session, hosted a conference of the Northeast States Association for Agricultural Stewardship (NSAAS) in St. Albans in February, and, in the 2006 interim, will continue to work with other state legislatures to develop a regional approach to dairy pricing strategies.
Sec. 263(g)(19) of Act 71 of 2005 (H.516) appropriated funding to the legislative council for dairy price support activities. This continues the funding from Sec. 49a of No. 66 of the Acts of 2003 (H.464, the FY 04 Appropriations Act) and Sec. 10 of No. 80 of 2004 (the FY 04 BAA, H.585) which appropriated funds to the legislative council for the purpose of retaining a consultant and supporting other activities to promote dairy price enhancement through interstate action. Some of this funding will carry over for activities of the steering committee in the 2006 interim.
Members of the steering committee in 2006: Representative Avis Gervais, Chair; Senator Susan Bartlett; Senator Harold Giard; Representative Willem Jewett; Senator Sara Kittell; Representative Dick Lawrence; Representative Floyd Nease; Representative Al Perry and Senator Bob Starr.
Staff: Sam Burr (LC), Bill Russell (LC), Stephanie Barrett (JFO) and Shirley Adams (CA).
Dairy Hauling Fees and Stop Charges. Act No. 138 of 2006 (S.226) directed “the agency of agriculture, food and markets [to] research and develop recommendations regarding charging hauling costs to the recipients of milk beyond the farm. This information may be used for presentation at the hearings to be held by the United States Secretary of Agriculture relating to the Northeast Milk Marketing Order, for the drafting of the 2007 Farm Bill, and for other purposes. As part of the research, the agency shall work with the joint fiscal office to develop a report on the impact on Vermont farmers and the Vermont economy of shifting the hauling costs beyond the farm.” Also, “The legislative council shall work with the Vermont milk commission to draft any necessary statutory changes necessary to enable the commission to carry forward regional efforts to regulate wholesale and retail milk prices.”
Staff: Sam Burr (LC) and Sara Teachout (JFO).
Animal Premises Registration System. Sec. 77c of Act No. 215 of 2006 (H.881, the FY 07 Appropriations Act) directs the secretary of agriculture, food and markets to complete a study of voluntary animal presence registration system in the state by January 15, 2007 and to file a proposed rule for animal premises registration with the senate and house committees on agriculture, who then must review the rule and recommend whether it should be amended or filed with the LCAR and the secretary of state under the administrative procedures act.
Staff: Michael O’Grady (LC), Sam Burr (LC), and Stephanie Barrett (JFO).
Fertilizer Use on Nonagriculture Turf. Sec. 77d of Act No. 215 of 2006 (H.881) directs the secretary of agriculture, food and markets to consult with UVM Extension service, fertilizer industry representatives, and others to develop a public information effort regarding use and best practices for fertilizer use on nonagricultural turf, and proposed criteria for evaluating the effects of the program to the house and senate committees on natural resources and energy and on agriculture no later than January 1, 2007.
Staff: Al Boright (LC) and Michael O’Grady (LC).
Corrections and Capital Bill Studies
Joint Legislative Corrections Oversight Committee. This joint committee of four representatives (one each from appropriations, judiciary, and institutions and one “at large”) and four senators (one each from appropriations, judiciary, and institutions and one “at large”) was created in 2 V.S.A. ch. 22 to oversee the department of corrections, to provide assistance to legislative committees, and to make recommendations regarding department policy and budget proposals. In addition to ongoing duties, Sec. 5 of Act No. 156 of 2006 (S. 265) requires the committee to explore and make recommendations to improve current law regarding the segregation and out-of-state placements of inmates with serious mental illnesses and other related issues.
Members appointed in 2005-2006: Representatives Alice Emmons, Peg Flory, Martha Heath, and Bill Lippert; Senators Susan Bartlett, George Coppenrath, Ed Flanagan, and Richard Sears.
Staff: Donna Russo-Savage (LC), Catherine Benham (JFO), and Sheri Burch (CA).
Capital Costs in County Courthouses that Serve a State Function. Sec. 37 of Act No. 147 of 2006 (H.864, the FY 07 Capital Bill) creates a committee of state, county, and municipal members (but no legislators) to consider ways to allocate costs between the state and counties and to report to the house and senate committees on institutions. The commissioner of buildings and general services is responsible for convening the first meeting by July 1.
Staff: Donna Russo-Savage (LC) and Catherine Benham (JFO).
High Performance School Construction Standards. Sec. 47 of Act No. 147 of 2006 (H.864, the FY 07 Capital Bill) created a committee consisting of public and private members (but no legislators) to propose ways in which high performance standards can be incorporated into school construction and into the state aid provided. The commissioner of education is responsible for convening the first meeting by July 15.
Staff: Donna Russo-Savage (LC), Anne Winchester (LC), and Catherine Benham (JFO).
Capital Obligations. Sec. 61 of Act No. 147 of 2006 (H.864, the FY 07 Capital Bill)sets up a committee of the state treasurer, administrative officials, the chief fiscal officer of the legislature (or designee), and the chief legislative counsel (or designee) to study and develop options to manage existing and future capital obligations to stay within the level of funding approved by the capital debt affordability committee. The chief fiscal officer is responsible for convening the first meeting by July 15.
Staff: Donna Russo-Savage (LC), Catherine Benham (JFO), and Steve Klein (JFO).
Education
The Next Generation Initiative. Act No. 204 of 2006 (S. 312) created a commission to develop the Next Generation Initiative, consisting of four members appointed by the governor; two members appointed by the speaker; two members appointed by the committee on committees, and a chair appointed jointly by the governor, speaker and president pro tem. The legislative council, joint fiscal office and the administration are to provide staff. The commission is to develop a plan to encourage Vermonters to live and work in Vermont. The plan must have a sustainable funding source. A next generation initiative fund is established. $5 million is transferred from 2006 general fund surplus to be split among VSAC, UVM, and VTC for scholarships for Vermont students. If additional general fund surplus funds are available, up to $5 million is to be transferred to the next generation initiative fund to be distributed based on legislative consideration of plans proposed by the commission.
Also, Sec. 272 of Act No. 215 of 2006 (H.881) amends the FY 2006 waterfall (Sec. 70 of Act 93) to provide:
(3) $3,000,000 appropriated for “The Next Generation Initiative”; in order to ensure that Vermont’s youth can obtain a college education that provides them the technical skills necessary to thrive in a dynamic global economy and that the technology‑based professions for which they have trained will be available in Vermont upon their entrance into the workforce, this appropriation is allocated as follows:
(A) $1,000,000 to the University of Vermont for investment in the research and development of innovative and sustainable technologies that will expand the university’s role in statewide economic development.
(B) $1,000,000 to the Vermont state colleges to invest in workforce development programs centered upon the innovative and sustainable technologies sector.
(C) $1,000,000 to the Vermont student assistance corporation to invest in programs and other initiatives that encourage Vermont K-12 students to pursue educational opportunities beyond high school.
(4) any transfer to the Vermont postsecondary education fund as provided for in S.312 of 2006.
Joint Appointment of Chair: Bill Stenger, Newport
Governor’s appointments: Caroline Bright, St. Albans; Ed Colodny, Burlington; Elizabeth “Wibs” McLain, Berlin; Stephen Morse, Newfane.
Speaker’s appointments: Tiffany W. Bluemle, Burlington; Jason Williams, Jeffersonville.
President Pro Tem’s appointments: Bob Miller, Williston; Judith Moore, Sharon.
Staff: Anne Winchester (LC), Maria Belliveau (JFO), Steve Klein (JFO), and Katie Pickens (CA).
Pre-kindergarten Education Study. Act No. 186 of 2006 (S. 314) creates a legislative committee to gather information and make recommendations regarding public funding of pre‑kindergarten education. The study committee is to be made up of three senators not all from the same political party chosen by the committee on committees, three representatives not all from the same political party chosen by the speaker, the commissioner of education, the commissioner for children and families, and one representative of the business community appointed by the governor. The committee may meet up to six times, and in addition shall conduct one information gathering meeting prior to January 15, 2007. The committee must conduct an additional final meeting prior to January 30, 2007 to share findings and answer questions. The committee members will receive per diem and expenses pursuant to 2 V.S.A. § 406 and 32 V.S.A. § 1010, and staff services from the legislative council, the joint fiscal office, the department of education, and the agency of human services.
Members appointed for 2006: Representatives Denise Barnard, Tim Jerman and Duncan Kilmartin and Senators Don Collins, Jim Condos and Bill Doyle.
Staff: Anne Winchester (LC), Mark Perrault (JFO), and Theresa Utton (CA).
Council on Education Governance. Sec. 71 of No. 68 of the Acts of 2003 created a council on education governance to consist of three house members, three senators, and many representatives of education interest groups to gather information to develop a comprehensive description of Vermont’s education governance structure, engage a broad spectrum of Vermonters in public discussion, and recommend modifications for greater efficiencies and quality. In 2005, the council’s existence was extended until July 1, 2009, and funding of $75,000 was appropriated to the commissioner of education in H.516 (FY 06 big bill) for grants awarded at the direction of the council.
Members appointed for 2005 - 2006: Representatives Kathy LaVoie, George Cross, and Floyd Nease; and Senators Don Collins, Harold Giard, and Wendy Wilton.
Staff: Anne Winchester (LC), Mark Perrault (JFO), and Theresa Utton (CA).
No Child Left Behind (NCLB) Oversight Committee. Sec. 4 of Act 64 of 2003 (S.185) created a NCLB legislative oversight committee of four house members and four senators (from education and appropriations committees) to oversee the implementation of the federal NCLB Act. In 2005, the committee was extended until July 1, 2009.
Members appointed for 2005-2006: Representatives Denise Barnard, Peter Hunt, Judy Livingston and Betty Nuovo; Senators Don Collins, James Condos, William Doyle, and Mark MacDonald
Staff: Anne Winchester (LC), Mark Perrault (JFO), Stephanie Barrett (JFO), and Theresa Utton (CA).
Civic Education Activities. Council staff will manage and coordinate civic education activities relating to the legislative institution, including Project Citizen and Girls’ State, and coordinate the National Conference of State Legislatures’ “Legislative Back to School Week” to arrange for legislators to be in classrooms teaching civics lessons. Also, may develop a State House web page for students.
Staff: Anne Winchester (LC), Theresa Utton (CA), and Alice Merrill (State House tours coordinator).
Commission on Higher Education Funding. Established in Title 16, section 2886 to develop and refine Vermont's goals for higher education, develop and update a plan to meet Vermont's higher education needs, recommend a level of state financial support for higher education, and review expenditures made from the Higher Education Endowment Trust Fund. The commission is composed of two senators, two representatives, the president of UVM, the chancellor of the Vermont State Colleges, the president of the Vermont Student Assistance Corporation, the president of the Vermont Association of Independent Colleges, and others.
Members appointed for 2005-2006: Representatives Rosemary McLaughlin and Don Bostic; Senators Hull Maynard and Hinda Miller.
Staff: Anne Winchester (LC), Maria Belliveau (JFO), and Theresa Utton (CA).
Union School District Articles of Agreement. J.R.H.53 of 2003 directed the legislative council to collect and codify all union school district articles of agreement for review by the judiciary committees. This will be published in the fall of 2006.
Staff: Michael Chernick (LC) and Anne Winchester (LC).
Government Organization and Operations
Access to Public Records. Act No. 132 of 2006 (H. 615) directed the legislative council, in consultation with the state archivist and others, to study the public records law of the state of Vermont as set forth in chapter 5 of Title 1, 3 V.S.A. § 218, and the numerous exemptions to the public records requirements throughout the Vermont statutes. On or before January 15, 2007, the legislative council shall report to the house and senate committees on government operations. The report shall include a summary of the statutory requirements and organization of the state public records requirements and proposed legislation to amend, reorganize, and simplify the public records requirements of the state of Vermont.
Staff: Michael O’Grady (LC), Bill Russell (LC), and Michael Chernick (LC).
International Trade and State Sovereignty. Act No. 212 of 2006 (H. 109) creates a Commission on International Trade and State Sovereignty to consist of the chair of the house commerce committee, the chair of the senate economic development, housing and general affairs committee, or their designees, a representatives of an environmental nonprofit, a representative of organized labor, the secretary of commerce and community development or a designee, a representative of a Vermont exporting business, a representative of a business involved in international trade, and the attorney general or a designee. The body is charged with conducting an annual assessment of the legal and economic impacts of international trade agreements on state and local laws, state sovereignty, and the business environment. Also, it is to provide a mechanism for citizens and legislators to voice their concerns, which it shall use to make policy recommendations designed to protect Vermont’s job and business environment, and state sovereignty from any negative impacts of trade agreements. It may recommend legislation or preferred practices and shall work with interested groups in other states to develop means to resolve the conflicting goals and tension inherent in the relationship between international trade and state sovereignty. In response to a request from the governor or the general assembly, or on its own initiative, the committee shall consider and develop formal recommendations with respect to how the state should best respond to challenges and opportunities posed by a particular international agreement. Formal recommendations on the specific international agreement shall be submitted to the governor and specified house and senate committees. Staff support is to be provided by the LC, JFO, and the commerce agency. The annual report is to be prepared by the commerce agency.
Members appointed in 2006 (ex officio); Representative Kathy Keenan and Senator Vince Illuzzi (or their designees).
Staff: Al Boright (LC), Robin Lunge (LC), Michael O’Grady (LC), Sam Burr (LC),
Neil Schickner (JFO), and Rachel Levin (CA).
Joint Legislative Committee on Administrative Rules. This statutory joint committee meets biweekly to review all agency rulemaking.
Members appointed for 2005-2006: Senators Mark MacDonald (Ch), Ann Cummings, Bill Doyle and Diane Snelling. Representatives Clint Martin (VC), Linda Myers, Dick Marek and Jim Hutchinson.
Staff: Brian Leven (LC), Al Boright (LC), and Katie Pickens (CA).
Vermont State Retirement System Study. Sec. 5 of Act No. 165 of 2006 (H.547) creates a “study committee …which shall be comprised of the state treasurer or designee, the director of retirement or designee, the commissioner of human resources or designee, the director of the Vermont state employees’ association or designee, the executive director of the department of state’s attorneys and sheriffs or designee, the chair of the house committee on government operations, the chair of the senate committee on government operations, the chair of the state employee retirement board or designee, one appointee of the director of the Vermont state employees’ association, and one appointee of the secretary of administration.
(b) The committee shall:
(1) study options for providing existing and future state employees with the opportunity to recapture medical benefit insurance and medical benefits for new hires. The committee shall obtain actuarial costs as needed for any options under consideration or recommended, including the costs of possible contribution rates for recapturing medical benefit insurance and any corresponding increase in individual member or group plan rates;
(2) study criteria for membership, plan structure, and contribution rates of the group C plan;
(3) evaluate the appropriate retirement group plan for state’s attorneys and the attorney general;
(4) conduct a survey of members of the group F plan relating to postretirement cost of living adjustments; and
(5) consult with the membership of all groups affected by the issues within the scope of the study.
(c) The committee shall file a report of its recommendations with the house and senate committees on government operations by December 15, 2006.
(d) Legislative members shall be entitled to per diems and reimbursement for travel‑related expenses pursuant to section 406 of Title 2.
(e) The office of the state treasurer shall provide administrative support for the committee. The state treasurer may expend money from the pension accumulation fund to cover the costs of administering this section and educating members.”
Members (both ex officio): Representative Donna Sweaney and Senator Jim Condos.
Staff: Brian Leven (LC) and Stephanie Barrett (JFO).
Agency of Natural Resources Restructuring. Sec. 295b of Act No. 215 of 2006 (H.881) extends the ANR restructuring process for one year, requiring the secretary of ANR to provide a final report on restructuring to the house and senate committees on natural resources and energy and on government operations, and the house committee on fish, wildlife and water resources on or before January 15, 2007. Last session, Act 52 of 2005 (S.56) created a restructuring process for ANR and established a natural resources reorganization committee to oversee it. The committee has 13 members, including two from the house appointed by the speaker and two from the senate appointed by the president pro tem.
Members appointed for 2005 to continue in 2006: Representatives David Deen and Joe Krawczyk; Senators Susan Bartlett and Ginny Lyons.
Staff: Al Boright (LC), Michael O’Grady (LC), Maria Belliveau (JFO), Stephanie Barrett (JFO), and Emily Neary (CA).
Health and Welfare
Commission on Health Care Reform. Sec. 295a of Act No. 215 of 2006 ( H.881) revised the commission’s responsibilities in fiscal year 2007, requiring the commission to do the following:
(1) research support for state efforts in health care reform and Medicaid program review;
(2) activities in monitoring state health care information technology activities, including:
(A) a review of state government health care information systems;
(B) continued reviews of the status of Vermont health care system information systems including those used in physicians’ practices, hospitals, and other health care entities;
(C) continued support of activities of Vermont’s “blueprint” initiative for chronic care and of Vermont information technology leaders (VITL).
Sec. 295a of H.881 revised the scope of the studies to be conducted by the commission to be the following:
(1) Review alternative ways of financing universal health care coverage based on either private insurance or a single payer, including employer assessments, payroll taxes, income taxes, premiums (either employment-based or independent of employment), or other revenue options;
(2) Identify macroeconomic consequences of choices in health care financing, such as changes in the number of employed individuals, the average wage, distribution of wages, rate of growth of gross state product, rate of growth of personal income, attractiveness of the state for relocating businesses, and the mix of employment types;
(3) Identify relationships between financing mechanisms and the macroeconomic consequences if quantifiable;
(4) Apply the policy analysis and indicators above to the specific health reform proposals considered in the 2006 legislative session.
The commission continues until 2011.
Members appointed in 2005-2006: Senators Jim Leddy, Jane Kitchel, Ann Cummings, and Kevin Mullin, and Representatives John Tracy, Steve Maier, Janet Ancel, and Topper McFaun.
Governor’s appointments: former Senator John Bloomer, Jr. and former Speaker Walter Freed.
Staff: The staff director of the Commission is Catherine Benham (JFO). Consultants retained by the Commission in 2006 and 2007 are Dr. Kenneth Thorpe of Emory University and Dr. Hans Kastensmith of Health Capitol Associates. Other legislative staff assisting the Commission are Maria Royle (LC), Robin Lunge (LC), Cassandra Edson (LC), Bill Russell (LC), Steve Kappel (JFO), Steve Klein (JFO), and Loring Starr (CA).
Medicaid Deficit and Reimbursement Study. Sec. 112 of Act No. 215 of 2006 (H.881) directs the health access oversight committee to study options for and develop a plan to eliminate the Medicaid deficit. The committee may appoint a subcommittee from its members to collect information, hear testimony, and make recommendations to the full committee. The committee shall consider: (1) opportunities in the Global Commitment waiver; (2) methods to streamline administration and regulation in Medicaid, the Vermont health access plan, and Dr. Dynasaur; (3) the fastest growing expenses in the programs and determine whether there are efficiencies or other methods available to control costs; and (4) other strategies for reducing the deficit.
The health access oversight committee or the subcommittee appointed is directed to study the reimbursement rates paid by Medicaid, the Vermont health access plan, and Dr. Dynasaur and the effects of the rates on Vermont’s health care system. The office of Vermont health access must present analysis and information as requested by the committee or subcommittee. The committee and subcommittee shall have staff support from the legislative council and the joint fiscal office. The committee shall report on the studies and a plan under this section to the general assembly no later than January 15, 2007.
Members: Health Access Oversight Committee or Subcommittee of the HAOC.
Staff: Steve Kappel (JFO), Don Dickey (JFO), Stephanie Barrett (JFO), Steve Klein (JFO), Robin Lunge (LC), and Maria Royle (LC).
Health Access Oversight Committee. This statutory joint committee was reconstituted by Sec. 294 of Act No. 215 of 2006 (H.881) to consist of “ten members: five members of the house appointed by the speaker, not all from the same political party, and five members of the senate appointed by the senate committee on committees, not all from the same political party. The house appointees shall include two members from the house committee on human services, two members from the house committee on health care, and one member from the house committee on appropriations. The senate appointees shall include three members from the senate committee on health and welfare, one member from the senate committee on finance, and one member from the senate committee on appropriations.”
It will meet regularly during the 2006 interim. In addition to its continuing responsibilities, the committee will:
(1) Study options for and develop a plan to eliminate the Medicaid deficit. (Sec. 112 of H. 881; see Medicaid Deficit and Reimbursement Study above.)
(2) Review and evaluate policy issues around the employer-sponsored insurance premium assistance program established in H.861, Sec. 13 (2006). The committee, with the joint fiscal committee, must review the plans for the ESI premium assistance program and determine additional funding needed for implementation on or after October 15, 2006.
(3) With JFO, receive the findings and recommendations of the Medicaid Generic Reimbursement Reduction and Dispensing Fee Study to be conducted by OVHA by September 1, 2006, and final report by November 15, 2006. (Sec. 107a of H.881)
(4) Receive the report of OVHA on dental services for supplemental payments to dentists with high Medicaid patient counts by September 2006 for implementation of a plan by OVHA by October 1, 2006. (Sec. 108 of H.881)
Members appointed for 2005-2006: Senators Jim Leddy, Jeanette White, Jane Kitchel, Claire Ayer, and Kevin Mullin; and Representatives Tom Koch, Mark Larson, Steve Maier, Ann Pugh, and John Tracy.
Staff: Maria Royle (LC), Robin Lunge (LC), Steve Kappel (JFO), Don Dickey (JFO), and Lynn Hegamyer (CA).
National Legislative Association on Prescription Drug Pricing. The Vermont legislature will continue to be an active member of this interstate organization. The appointed Vermont legislators are expected to participate, and the legislative staff will assist those members if requested and will stay informed of the organization’s activities.
Vermont Members appointed for 2005-2006: Senators Jim Leddy, Dick Sears, and Kevin Mullin; and Representatives John Tracy, Steve Maier, and Chris Louras.
Staff: Maria Royle (LC), Robin Lunge (LC), Steve Kappel (JFO), and Lynn Hegamyer (CA).
Mental Health Oversight Committee. Sec. 141c of Act No. 122 of 2004 (H.768, FY 05 Appropriations Act) sets up a mental health oversight committee of four members of each chamber. It is expected to be active in the 2006 interim, primarily with overseeing the implementation of the Vermont State Hospital Futures Plan.
Members appointed for 2005-2006: Representatives Anne Donahue, Gail Fallar, Mike Fisher, and Pat O’Donnell and Senators Jim Leddy, Jeanette White, Diane Snelling, and Phil Scott.
Staff: Maria Royle (LC), Cassandra Edson (LC), Donna Russo-Savage (LC), Don Dickey (JFO), and Lynn Hegamyer (CA).
TANF Workgroup. Sec. 296 of Act No. 215 of 2006 (H.881, FY 07 Appropriations Act) sets up a TANF workgroup to review the changes in the federal law governing TANF, assess the impact on Vermont’s programs funded with TANF dollars, and to develop a recommendation for legislative action. The work group’s recommendation shall be reported to the general assembly no later than January 15, 2007.
(b) The work group shall be composed of:
(1) one member from the house committee on human services and one member from the house committee on appropriations to be appointed by the speaker of the house;
(2) one member from the senate committee on health and welfare and one member from the senate committee on appropriations to be appointed by the committee on committees;
(3) the deputy commissioner of the department for children and families, economic services division or designee;
(4) a representative from the Vermont low income advocacy council;
(5) a representative from Vermont legal aid; and
(6) other members as appointed by the chair of the work group.
(c) The work group shall elect a chair and vice chair and shall receive staff support from the legislative council’s office. The work group is authorized to meet up to four times outside the legislative session to perform its functions under this section. Members of the committee shall be entitled to compensation and reimbursement for expenses under section 406 of Title 2.
(d) The agency of human services may form an advisory committee to gather input from a wide range of interested parties. Input shall be provided to the work group to assist in the making of informed recommendations.
(e) The secretary of human services, the legislative council, and the joint fiscal office shall provide staff support requested by the committee.
(f) The committee shall cease to exist upon adjournment of the first year of the 2007 legislative session.
Members appointed for 2006: Representative Ann Pugh (Human Services) and Representative Mark Larson (Appropriations); and Senator Jeanette White (Health and Welfare) and Senator Diane Snelling (Appropriations).
Staff: Robin Lunge (LC), Cassandra Edson (LC), Maria Royle (LC), Stephanie Barrett (JFO), and Rachel Levin (CA).
Nursing Home Sustainability Study. Sec. 149a of Act No. 215 of 2006 (H.881, FY 07 Appropriations Act) modifies Sec. 1a of Act 56 (2005) to add two legislative members (one from each house) to the task force on nursing home sustainability. The department of disabilities, aging, and independent living is to report by January 15, 2007 on the recommendations of the task force.
Members appointed for 2006: Representative Bill Frank, and Senator Claire Ayer.
Staff: Cassandra Edson (LC), Robin Lunge (LC), and Don Dickey (JFO).
Cervical Cancer Eradication Study. Act No. 110 of 2006 (H.715) creates a task force in the department of health with two legislative members (one member of the senate committee on health and welfare appointed by the committee on committees and one member of the house committee on human services appointed by the speaker of the house) to study and report by February 1, 2007 on what policy changes are needed to eradicate cervical cancer. The department of health is responsible for the report.
Members appointed for 2006: Representative _______________(House Human Services) and Senator Ginny Lyons (Senate Health and Welfare).
Staff: Cassandra Edson (LC).
Electronic Pedigree Study. S.22 (2006), Act 139 charges the board of pharmacy to study the feasibility of an electronic pedigree system or any other system that would verify the chain of distribution for all prescription drugs. The board shall report its findings and recommendations to the general assembly by January 15, 2007.
Staff: Cassandra Edson (LC) and Maria Royle (LC).
Drug and Medical Supply Repository Study. S.22 (2006), Act 139 charges the department of health to lead a study on the feasibility of creating a repository program for unused prescription drugs and medical supplies that can be dispensed to income-eligible or uninsured individuals. The findings and recommendations shall be reported to the general assembly by January 15, 2007.
Staff: Cassandra Edson (LC) and Maria Royle (LC).
Advance Directives Study. H.115 (2005), Act 55 charges the commissioner of health to submit an annual report to the chairs of the committees on judiciary, health and welfare, and human services describing the status and utilization of the advance directives registry.
Staff: Robin Lunge (LC) and Maria Royle (LC).
Vermont Information Technology Leaders (VITL). Sec. 330 of Act No. 215 of 2006 (H.881) charges the VITL with submitting to the general assembly by January 1, 2007 a preliminary health information technology plan for establishing a statewide, integrated electronic health information infrastructure in Vermont. VITL shall submit a final plan for approval by the general assembly by July 1, 2007. In addition, VITL shall submit an annual report to the general assembly and quarterly progress reports to the health access oversight committee on implementation of its programs, including any pilot programs.
Staff: Cassandra Edson (LC), Maria Royle (LC), Catherine Benham (JFO), Steve Kappel (JFO), and Don Dickey (JFO).
Medicaid Outreach Study. Sec. 342 of Act No. 215 of 2006 (H.881) charges the Bi-State Primary Care Association, in consultation with the medical care advisory committee, to research efforts in Vermont and other states that have succeeded in enrolling eligible individuals in Medicaid and Medicaid waiver programs. The association shall report its findings to the committees on health care and health and welfare and the health access oversight committee by November 15, 2006.
Staff: Robin Lunge (LC), Maria Royle (LC), and Don Dickey (JFO).
Health Care Reform Plan. Sec. 342a of Act No. 215 of 2006 (H.881) requires the secretary of administration to report to the commission on health care reform, the health access oversight committee, the house committee on health care, the senate committee on health and welfare, and the governor by December 1, 2006 with a five-year strategic plan for implementing Vermont’s health care system reform initiatives, together with any recommendations for administration or legislation. Annually, beginning January 15, 2007, the secretary shall report to the general assembly on the progress of the reform initiatives.
Staff: Robin Lunge (LC), Maria Royle (LC), Cassandra Edson (LC), and Don Dickey (JFO).
Blueprint for Health. Sec. 4 of Act No. 191 of 2006 (H.861, Health Care) requires the department of health to revise the current strategic plan for the blueprint for health and provide the revised plan to the commission on health care reform, the health access oversight committee, the house committee on health care, and the senate committee on health and welfare by October 1, 2006.
Staff: Robin Lunge (LC), Maria Royle (LC), and Don Dickey (JFO).
Medicaid Reimbursement Plan. Sec. 9 of Act No. 191 of 2006 (H.861, Health Care) charges the office of Vermont health access with developing a plan for allocating the appropriated amounts for fiscal year 2007 among the reimbursement priorities established by the general assembly. Prior to the implementation of the reimbursement adjustments, the health access oversight committee shall review and determine if the allocation among the priorities is equitable and reflects legislative intent.
Staff: Robin Lunge (LC), Maria Royle (LC), and Don Dickey (JFO).
Access to Immunizations Study. Sec. 24 of Act No. 191 of 2006 (H.861, Health Care) requires the secretary of administration to study methods to ensure all Vermonters have access to immunizations and shall report its findings and recommendations to the house committee on health care and the senate committees on health and welfare and on finance by January 15, 2007.
Staff: Maria Royle (LC), Cassandra Edson (LC), and Don Dickey (JFO).
Cost Shift Task Force. Sec. 26 of Act No. 191 of 2006 (H.861, Health Care) requires the department of banking, insurance, securities, and health care administration to convene a task force to determine how to ensure that reductions in the cost shift are reflected in a reduction or slower rate of growth both in hospital and provider charges and in private insurance premiums. The task force shall make written recommendations to the commission on health care reform by December 1, 2006 regarding statutory or administrative changes needed to ensure that a reduction in the cost shift is reflected in a reduction or slower rate of growth in hospital charges and in health insurance premiums.
Staff: Robin Lunge (LC), Maria Royle (LC), and Cassandra Edson (LC).
Hospital Uncompensated Care Standards and Reporting. Sec. 30 of Act No. 191 of 2006 (H.861, Health Care) requires the commissioner of banking, insurance, securities, and health care administration to study and recommend a standard statewide uniform uncompensated care and bad debt policy and determine fair and accurate methods for calculating and reporting information about uncompensated care and bad debt. The commissioner’s findings and recommendations shall be reported to the senate committees on health and welfare and on finance and the house committee on health care by January 15, 2007.
Staff: Robin Lunge (LC), Maria Royle (LC), and Cassandra Edson (LC).
Individual Market Study. Sec. 31 of Act No. 191 of 2006 (H.861, Health Care) requires the department of banking, insurance, securities, and health care administration to recommend to the general assembly by January 15, 2007 the best method to consolidate the nongroup market into a single risk pool of insured Vermonters with access to health plans equivalent to or better than that offered by Catamount Health.
Staff: Robin Lunge (LC), Maria Royle (LC), and Cassandra Edson (LC).
Employer Assessment Study. Sec. 32 of Act No. 191 of 2006 (H.861, Health Care) requires the secretary of administration to study and report on the options for treating seasonal employees in the employer assessment authorized by Act 191.
Staff: Robin Lunge (LC), Maria Royle (LC), and Bill Russell (LC).
Common Claims and Administration Study. Sec. 55 of Act No. 191 of 2006 (H.861, Health Care) requires the common claims and procedures work group to make an interim report to the governor and the general assembly by January 15, 2007, describing the progress of the group and any interim steps taken to achieve the goals of the work plan authorized by Act 191. The work group shall submit a final report to the governor and the general assembly by January 15, 2008 with findings that illustrate the outcomes of implementation derived from work group actions along with a list of future actions and goals specifying cost savings achieved and expected future savings.
Staff: Cassandra Edson (LC) and Maria Royle (LC).
Master Provider Index Study. Sec. 58 of Act No. 191 of 2006 (H.861, Health Care) requires the work group convened by the area health education centers program to report to the general assembly by January 15, 2007 on the advisability of creating and sustaining a master provider index.
Staff: Cassandra Edson (LC), Maria Royle (LC), and Robin Lunge (LC).
Housing
Vermont Affordable Housing Data. Sec. 11 of Act No. 191 of 2006 (S.127) provides “In order to provide a basis for legislative assessment of Vermont’s affordable housing programs, their goals and effectiveness, the joint fiscal office and legislative council shall catalogue and summarize information related to affordable housing incentives in current Vermont law, and shall to the extent possible:
(1) identify the population served by the property transfer tax exemption for buyers with Vermont Housing Finance Agency mortgages and whether they are a subset of similarly-situated home buyers in Vermont, and estimate the cost of expanding the exemption beginning in fiscal year 2008 to the first $140,000.00 of home value for all similarly-situated buyers regardless of mortgagee;
(2) identify affordable housing incentives in Vermont law;
(3) identify state and quasi-public entities in Vermont which administer, allocate or award affordable housing incentives and any discernible overlap in functions of these entities, and identify any amount of state funding for these entities in the most recent state budget;
(4) determine the definition of “affordable housing” under the incentives identified, including the type and price range of the housing supported and the income level of eligible recipients for the programs;
(5) estimate the annual cost of each incentive, in total, and per unit of affordable housing supported;
(6) determine to what extent, if any, affordable housing incentives provide direct support for construction or development of property other than affordable housing;
(7) identify private-sector sources of support available for affordable housing and other methods of state assistance for affordable housing which could be offered.
(b) The joint fiscal office and legislative council shall report their findings by January 15, 2007, to the house committees on ways and means; on general, housing and military affairs; and on commerce; and to the senate committees on finance and on economic development, housing and general affairs.
Note also that Sec. 223 of H.881 of 2006 sets out criteria and priorities for community development block grants for the creation and retention of affordable housing.
Staff: Mark Perrault (JFO), Sara Teachout (JFO), Emily Bergquist (LC), Cassandra Edson (LC), and Meredith Sumner (LC).
Judiciary, Law Enforcement, and the Courts
Criminal Code Study Committee – Sentencing Commission Study. Pursuant to Sec. 293 of No. 122 of the Acts of the 2003 Adj. Sess. (2004) as amended by Sec. 18 of S.15 (2005), the committee is conducting a general review of the criminal code and developing recommendations for the General Assembly. A report is due December 15, 2006.
Members appointed in 2005-2006: Representatives Bill Lippert, Peg Flory, and Michael Kainen; Senators John Campbell, Dick Sears, and Wendy Wilton.
Staff: Michele Childs (LC) and Sheri Burch (CA).
Joint Committee on Judicial Rules. The statutory Joint Committee on Judicial Rules will meet periodically to review rules proposed and promulgated by the Advisory Committees on Civil Rules, Criminal Rules, Evidence, Family Court Rules, Probate Rules, the Judicial Conduct Board, and the Board of Bar Examiners. Estimated five meetings during the 2006 interim.
Members appointed for 2005-2006: Senators Dick Sears, Hull Maynard, John Campbell, and Vince Illuzzi; and Representatives Maxine Grad, Michael Kainen, Bill Lippert, and Shap Smith.
Staff: Erik FitzPatrick (LC) and Katie Pickens (CA).
Joint Committee on Judicial Retention. Preparation for the 2007 judicial retention vote on 8 judges.
Members appointed for 2005-2006: Senators Claire Ayer, Ed Flanagan, Hull Maynard, and Dick Sears; and Representatives Avis Gervais, Michael Kainen, Bill Lippert, and Donna Sweaney.
Staff: Michele Childs (LC), Erik FitzPatrick (LC), and Debbie Curtis (CA).
Judicial Nominating Board. Established by 4 V.S.A. § 601(b)(3) as an 11-member board, with six legislators, three elected from each house, to screen and recommend to the governor appointments to the judiciary. Usually, no legislative staff is required, but the Legislative Council does provide some research and technical support on occasion.
Members elected in 2005-2006: Senators Sara Kittell, Phil Scott, and Peter Welch; and Representatives Greg Clark, Dick Marek, and Ann Seibert.
Access to Criminal History Record Information. Sec. 8 of Act No. 169 of 2006 (S.262) establishes an access to criminal history record information committee for the purpose of making findings and recommendations regarding public access to statewide criminal history records from the Vermont crime information center and the dissemination of electronic criminal case record information by the court. The committee includes a judge or justice, the director of the Vermont crime information center, the executive director of the Vermont bar association, the executive director of the American Civil Liberties Union (Vermont chapter), and two former legislators appointed jointly by the speaker of the house and the senate committee on committees. The committee must report its findings and recommendations for legislative action to the house and senate committees on judiciary on or before January 15, 2007.
Former Legislators appointed by leaders: former Senator John Bloomer and former Representative Sally Fox.
Staff: Michele Childs (LC).
Juvenile Proceedings. Sec. 8 of Act No. 189 of 2006 (S.194) establishes a committee for the purpose of studying and recommending legislative changes to chapter 55 of Title 33, relating to juvenile delinquency and children in need of care or supervision proceedings. The committee consists of 10 members and is chaired by the administrative judge. There are no legislators on the committee. The committee will report its findings and recommendations to the house and senate committees on judiciary by January 15, 2007.
Staff: Michele Childs (LC).
Guardianship Monitors. Sec. 14 of Act No. 198 of 2006 (S.194) creates a committee to study the need for and feasibility of establishing a pilot guardianship monitor program in at least two probate court districts. There are no legislators on the committee. The committee is required to report its findings and recommendations to the house and senate committees on judiciary on or before January 15, 2007. The report will include a recommendation of whether a system of guardianship monitoring is needed, and if so, the details for such a program, for legislation action.
Staff: Erik FitzPatrick (LC).
Victims’ Rights. Sec. 12 of Act No. 193 of 2006 (H.373) establishes a committee for the purpose of reviewing and addressing the rights of victims under current law to facilitate better enforcement of such rights. There are no legislators on the committee. The committee must present its findings and recommendations, including proposals for legislative action, to the general assembly no later than January 15, 2007.
Staff: Erik FitzPatrick (LC).
Vermont Sentencing Commission. Sec. 16 of Act No. 192 of 2006 (H. 856) established the Vermont Sentencing Commission for the purpose of overseeing criminal sentencing practices in the state, reducing geographical disparities in sentencing, and making recommendations regarding criminal sentencing to the General Assembly. The Commission is composed of seventeen members appointed from the judiciary, law enforcement, criminal defense and corrections interests, and includes as ex officio members the chairs of the House and Senate Judiciary Committees. The commission must make an initial report of its activities and recommendations to the General Assembly no later than December 1, 2007, and annually thereafter.
Members appointed in 2006 (ex officio): Representative Bill Lippert, Chair, House Judiciary Committee and Senator Richard Sears, Chair, Senate Judiciary Committee.
Staff: Primarily to be provided by the Judiciary and relevant executive departments. To be monitored by Erik Fitzpatrick (LC) and Michele Childs (LC).
Legislative Management
Legislative Information Technology. Act 64 (H. 134) of 2005 created a legislative information technology committee of four house members appointed by the speaker and four senators appointed by the committee on committees to be responsible for the coordination and integration of information technology in the legislative branch and the adoption of a legislative IT budget. Also created is a “Legislative Staff Information Systems Team” to plan and coordinate and advise the committee.
Members appointed in 2005-2006: Representatives Ken Atkins, Richard Howrigan, Judy Livingston, and David Deen; Senators Don Collins, Matt Dunne, Vince Illuzzi, and Mark Shepard.
Staff: The IT “Staff Systems Team” - Duncan Goss (IT), Bill Russell (LC), Steve Klein (JFO), David Gibson (SS), Don Milne (HC), and Kermit Spaulding (SGT), and Theresa Utton (CA).
Legislative Council. Sec. 34 of Act No. 215 of 2006 (H.881) directs the legislative council to conduct a review and reorganization of its staff, including operations staff, committee assistants, and legislative counselors, with a view to providing more efficient and extensive coverage to all house and senate committees, improved research and drafting services to all members, and better administrative support for the legislature. This review will be conducted in the 2006 interim by the legislative council and recommendations, if any, will be submitted to the General Assembly in January 2007.
Legislative Council Members: Senator Dick Mazza, Chair; Senator Peter Welch; Senator Kevin Mullin; Senator Phil Scott; Speaker Gaye Symington; Representative Steve Adams; Representative David Deen; and Representative Harry Monti.
Staff: Legislative Council staff.
Municipal Charter Project. Legislative council staff will continue the codification of municipal charters pursuant to the schedule developed by the house committee on local government in prior years and oversee their publication in the Vermont Statutes Annotated. In the 06 interim, the charters of 5 or 6 villages and towns will be codified as well as the amendments to Title 24 Appendix enacted during the 2005 Adjourned Session.
Staff: Michael Chernick (LC), Brian Leven (LC), and Al Boright (LC).
Statutory Revision and Codification. Legislative council staff will codify and, with the publisher, edit for printing in the Vermont Statutes Annotated supplements all the acts and resolves of the 2005 Adjourned Session (2006). The supplements’ anticipated publication date is in the middle of October 2006. Three replacement volumes of the Vermont Statutes Annotated, tentatively scheduled to be Titles 9, 10 (Part II)/10 Appendix, and 32 (Part 1), will be published in late December 2006. In addition to these annual statutory revision duties, the General Assembly has assigned to the legislative council a number of special codification projects for the 2006 Interim.
Legislative Council Statutory Revision team - Al Boright (Ch.), Donna Russo-Savage, Brian Leven, Erik Fitzpatrick, Jessica Chaves (editor), and Michael Chernick.
New Member Orientation. The Joint Fiscal Office and the Legislative Council, together with the Snelling Center for Government, will conduct an orientation session for new members elected to the 2007 Session of the General Assembly from November 30 – December 2, 2006 at the State House in Montpelier.
Staff: Bill Russell (LC) and Steve Klein (JFO)
Natural Resources and Energy
Groundwater Regulation and Funding. Act No. 144 of 2006 (H.294) provided that “A committee is established to examine potential regulatory programs to protect the groundwater resources of the state.” The committee shall issue an interim report in 2007 and a final report in 2008. The final report shall address whether the groundwater resources of the state of Vermont should be declared a public trust resource and the regulatory implications of declaring the groundwater of the state to be a public trust resource. The report shall also include a proposed schedule for the mapping of groundwater mapping and a proposed appropriation to the agency of natural resources for the cost of groundwater mapping of the state. The report shall also include proposed legislation for the regulation of groundwater withdrawal in the state. The committee is composed of multiple members, including the secretary of natural resources or his or her designee; the state geologist or his or her designee; the secretary of agriculture, food and markets or his or her designee; representatives of the business community, environmental organization, municipalities, and the agricultural community and “one member each from the house committees on agriculture and on fish, wildlife and water resources and the senate committees on agriculture and on natural resources and energy as appointed respectively by the speaker of the house and the committee on committees.”
Members appointed in 2006: Representative Bill Johnson (Agriculture), Representative David Deen (Fish, Wildlife and Water Resources), Senator Sara Kittell (Agriculture) and Senator Diane Snelling (Natural Resources).
Staff: Mike O’Grady (LC), Al Boright (LC), and Emily Neary (CA).
Joint Energy Committee. This statutory joint committee may meet in the 2006 interim. In addition to its ongoing responsibilities, in 2006 and 2007, the joint energy committee will have the following special assignments:
(1) Public engagement process for siting new electric generation facilities. Pursuant to Sec. 2 of Act No. 208 of 2006 (H.859), the commissioner of public service and the joint energy committee shall develop and implement a public engagement process on energy planning, focused on electric energy supply choices facing the state beginning in 2012. This process shall be conducted through a request for proposal (RFP) process that meets requirements established in the bill. The commissioner is to report back to the general assembly by November 15, 2007.
(2) Relicensing of Vermont Yankee nuclear power plant and storage of spent nuclear fuel derived from extended operation of the VY plant. Pursuant to Act No. 160 of 2006 (S.124), Vermont Yankee may not operate after its current termination date in 2012, unless the general assembly determines that operation of the plant will promote the general welfare and grants its approval. To set the groundwork for that determination, the bill requires the public service department, with the review of the joint energy committee, to arrange for studies to be conducted to support the general assembly in the fact‑finding and public engagement process established in the bill. These studies shall have general objectives of facilitating public discussion of long‑term economic and environmental issues relating to the operation of any nuclear facility in the state, including the potential need for the facility and its long‑term economic and environmental benefits, risks, and costs. The studies also are to address long‑term accountability and financial responsibility issues, such as: funding plans for guardianship of nuclear waste before removal of nuclear waste from the site; closure obligations; federal obligations; funding for emergency management requirements and evacuation plans before and after plant closure; and dry cask storage and decommissioning options. There is also anticipated to be a public engagement process to be run by the department of public service, that may be coordinated with the public engagement process spelled out under H.859. If the general assembly has not acted by July 1, 2008, the board may commence proceedings under 30 V.S.A. § 248 and under 10 V.S.A. chapter 157, relating to the storage of radioactive material, but may not issue a final order or certificate of public good until the general assembly determines that operation will promote the general welfare and grants approval for that operation.
Members appointed for 2005-2006: Senators: Ann Cummings, Vince Illuzzi, Ginny Lyons, and Mark MacDonald; and Representatives Robert Dostis, Joyce Errecart, Tony Klein, and Michael Reese.
Staff: Al Boright (LC), Sam Burr (LC), and Emily Neary (CA).
Outdoor Lighting Guidelines for Use. Act No. 155 of 2006 (H.28) creates a “20-member legislative outdoor lighting advisory board” to consist of one member of the house and one member of the senate and many other members appointed by the governor. The advisory board is to be “administratively staffed by the legislative council” and supported by various state agency boards and departments, and develop and make outdoor lighting guidelines no later than June 30, 2007.
Staff: Al Boright (LC), Donna Russo-Savage (LC), and Emily Neary (CA).
Taxation and Fiscal
Legislative Study of Income‑based Tax Education System. Sec. 16 of Act No. 185 of 2006 (H. 880) directs the joint fiscal office, with the assistance of the legislative council, to create a fiscal model of proposal # 1 as presented in the December 15, 2005 report of the “Legislative Study of Income-based Tax Education Tax System” pursuant to Act No. 38 of 2005. The report of the joint fiscal office shall also
(1) analyze the distribution of income and property tax burdens under Proposal #1 as compared to current income and property tax burdens;
(2) analyze the effect of the proposal on towns’ common levels of appraisal;
(3) estimate the administrative costs of transition to a new system;
(4) estimate the ongoing administrative costs of such a system, as compared to administrative costs of the current education property tax system.
The joint fiscal office shall present its model and report its findings to the general assembly by December 1, 2006.
Staff: Mark Perrault (JFO) and Emily Bergquist (LC).
Education Tax Burdens; Determination of the Policy Role of the Property Tax Adjustments. Sec. 23(a) and (b) of Act No. 185 of 2006 (H. 880) direct the joint fiscal office and legislative council to analyze education property tax burdens and determine whether the role of property tax adjustments is a benefit program or adjustment mechanism. Reports due January 15, 2007.
Staff: Mark Perrault (JFO) and Emily Bergquist (LC).
Analysis of Education Tax Burdens Under Act 68 of 2003.
(a) The joint fiscal office, with the assistance of the legislative council, shall analyze the relative education tax burdens borne by nonresidential, homestead and income‑sensitized taxpayers under Act 68 of 2003. The report of the joint fiscal office shall examine the impact of the following factors on any education tax shifting between classes of taxpayers:
(1) growth in the education grand lists;
(2) growth in household income;
(3) growth in education spending;
(4) growth in non-education tax revenue sources;
(5) 32 V.S.A. § 5402b (statewide education tax rate adjustments); and
(6) any other changes to Act 68.
(b) Role of Property Tax Adjustment. The joint fiscal office and legislative council shall also examine (1) whether, within the structure of education property taxation, the property tax adjustment is more accurately defined as a mechanism which enables the traditional majority of Vermont homestead owners to pay education taxes based on income or as a “benefit”; and (2) whether, within the structure of education property taxation, the property tax adjustment amount is more accurately described on the education fund balance sheets and other fiscal documents as a cost to the education fund or as an adjustment to the education property revenue due the state, or more accurately not described at all.
(c) For the purposes of this analysis, the department of taxes shall provide any information or assistance requested by the joint fiscal office. The joint fiscal office shall present its analysis to the general assembly by January 15, 2007.
Staff: Mark Perrault (JFO) and Emily Bergquist (LC).
Analysis and Advisability of Property Tax Adjustment Cap. Sec. 23(d) of Act No.185 of 2006 (H. 880) directs the joint fiscal office and legislative council to analyze the mechanisms for and advisability of a cap on the property tax adjustment amount. Report due December 1, 2006.
“(d) The joint fiscal office and legislative council shall also analyze within the context of the property tax adjustment law, and report to the general assembly by December 1, 2007, on the following:
(1) whether a cap is advisable and if so, whether the cap of $10,000 should be increased or decreased;
(2) what inflation index is most appropriate for a property tax adjustment cap;
(3) whether length of ownership of the homestead indicates that a larger property tax adjustment would be justified;
(4) whether an asset test could reliably indicate that an adjustment in excess of a capped amount is not justified; and
(5) whether any other tests would better indicate whether a particular property tax adjustment amount is appropriate.”
Staff: Mark Perrault (JFO) and Emily Bergquist (LC).
Tax Expenditure Budget. Act 75 of 2005 (H.521) directed the tax department to begin biennial reporting of tax expenditures in 2009. Interim reporting began on income taxes in 2006, income and sales taxes begins in 2007, and income, sales, meals & rooms, and property taxes begins in 2008. The joint fiscal office is directed to work with the tax department to identify the specific tax expenditures or categories of expenditures to be included in the next report, or subsequent reports, prior to each September report to the joint fiscal committee.
Members: None, but report is to House Committees on Ways and Means and on Appropriations and Senate Committees on Finance and on Appropriations.
Staff: Sara Teachout (JFO) and Mark Perrault (JFO).
Basic Needs Budgets. Every other year beginning January 1, 2007, the joint fiscal office shall issue a report on or before January 15. The report shall be updated as needed on or before January 1 of the interim year to reflect any significant economic, policy, or statutory changes that substantially affect the information in the report issued the previous January 15.
Members: None, but report is to House Committee on General, Housing and Military Affairs and the Senate Committee on Economic Development, Housing and General Affairs.
Staff: Sara Teachout (JFO).
Tax Commissioner’s Advisory Working Group. Sec. 21 of Act No. 185 of 2006 (H.880) creates a tax commissioner’s Working Advisory Group, to assist in implementation of the new property tax adjustment law and recommend necessary legislative amendments to the general assembly by January 15, 2007. The Working Group may include an appointee from each of the following: the commissioner of taxes, Vermont League of Cities and Towns, Vermont Clerks and Treasurers Association, Vermont Association of Realtors, Vermont Tax Preparers Association, Vermont Society of CPAs; and one individual familiar with the NEMRC system, appointed by the commissioner of taxes; and “one individual to be appointed by the speaker of the house and one individual to be appointed by the senate committee on committees.” The Working Group shall be chaired by the commissioner of taxes and shall convene at the commissioner’s request, and shall provide assistance in implementation of this act, including planning for public education.
Speaker’s appointment: Representative Bud Otterman, C on Cs appointment Senator Ann Cummings.
Staff: Mark Perrault (JFO), Sara Teachout (JFO), and Emily Bergquist (LC).
Household Income/Adult Disability Care Payments Study. Sec. 15 of Act No. 185 of 2006 (H.880) requires the commissioner of disabilities, aging, and independent living to study of whether to include payments for adult disability care, foster care and homeshare in household income for purposes of education property tax adjustments. Report due January 15, 2007.
Staff: Mark Perrault (JFO) and Emily Bergquist (LC).
Expansion of Use Value Enrollment for Farm Employee Housing. Sec. 19 of Act No. 207 of 2006 (H. 843) requires the director of property valuation and review and the secretary of agriculture, food and markets to study a proposed expansion of the use value definition of “farm buildings” to include employee housing located on a parcel owned by someone other than the owner of the housing. Report is due January 15, 2007.
Staff: Sara Teachout (JFO), Emily Bergquist (LC), and Sam Burr (LC).
Property Taxation of Trailer Coaches. Sec. 20 of Act No. 207 of 2006 (H. 843) requires the legislative council, in consultation with the division of property taxation and review, the Vermont Association of Listers and Assessors, and the Vermont Campground Association, Inc., to propose a solution to how to tax trailer coaches in a fair and equitable manner, which can be applied uniformly across the state. Report and draft of legislation are due January 15, 2007.
Staff: Emily Bergquist (LC) and Sara Teachout (JFO).
Vermont Tax Study. Sec. 271a of Act No. 215 of 2006 (H.881) directs the joint fiscal office, with assistance from the staff of the legislative council, under the direction of the joint fiscal committee, shall conduct a study of Vermont state taxes. The study shall:
(1) Analyze historical trends since 1995 in Vermont taxes as compared to other states, and compare the percentage of Vermont revenue from each state-level source to the percentage of revenue from each state-level source in other states;
(2) Analyze state tax burdens per capita, per income level, on typical Vermont families of a variety of incomes, and on typical Vermont business enterprises of a variety of sizes and types, and analyze trends in the taxpayer revenue base; and
(3) Review the simplicity, equity, stability, predictability and performance of the Vermont personal and corporate income tax, sales tax, rooms and meals tax, business franchise taxes, insurance premium taxes, and education property tax.
(c) Based upon the data resulting from the study in subsection (b) of this section, the joint fiscal office shall, as part of the study or separately, prepare a review of:
(1) alternative top personal income tax rates for Vermont, based upon possible changes to income brackets and tax rates below the marginal rate;
(2) taxes in which broadening the base would allow a reduction in rate or rates, and possible options for achieving this; and
(3) the future Vermont economic and demographic trends, and implications for Vermont’s tax structure as regards revenue, equity, and competitiveness.
(d) The Vermont department of taxes shall cooperate with and provide assistance as needed to the joint fiscal office. The study, including recommendations for further research or analysis, shall be submitted to the joint fiscal committee by December 15, 2006. Funding of $30,000 is provided in Sec. 272 for consultant assistance, data analysis, and other expenses related to this study.
Staff: Steve Klein, Sara Teachout, Mark Perrault and JFO Intern(s) (JFO) and Emily Bergquist (LC).
Fish and Wildlife Funding Taskforce. Sec. 296a of Act No. 215 of 2006 (H. 881) creates a Fish and Wildlife Funding Task Force as follows:
(a) The governor shall appoint a fish and wildlife funding task force of up to nine members to develop recommendations for comprehensive, sustainable funding mechanisms for the operations of the department of fish and wildlife which complement existing funding sources. The task force shall, among other things, consider whether costs of work carried out by fish and wildlife department personnel in providing technical services to permitting bodies and in enforcing laws and regulations other than fish and wildlife laws and regulations should be paid for from other agency and department funds, as appropriate.
(b) The office of finance and management shall provide staff services to the committee. Members may receive a per diem and expenses pursuant to section 1010 of Title 32. On or before January 15, 2007, the committee shall report its recommendations to the governor and the following legislative committees: the senate committees on finance, on appropriations, and on natural resources and energy; and the house committees on ways and means, on appropriations, and on fish, wildlife and water resources.
Staff: To monitor only: Anne Winchester (LC) and Maria Belliveau (JFO).
Transportation
Vermont Rail Authority Study Committee. No. 80 of 2005 (H.524 –FY 06 Trans. Cap. Bill), Sec. 33 establishes a Vermont Rail Authority Study Committee of three house members (two from transportation and one from ways and means); three senators (two from transportation and one from finance); state transportation officials and representatives of transportation organizations. Task is to make recommendations on the advisability of creating a rail authority in the state for the primary purpose of creating additional capacity to move freight.
Sec. 21. of Act 175 of 2006 (H.869, the FY 07 Trans. Cap. Bill), provided that the members of the rail authority study committee established pursuant to the provisions of Sec. 33(a) of No. 80 of the Acts of 2005 reconvene in August 2006 to review the state’s rail program and make recommendations regarding a rail authority to the house and senate committees on transportation by January 15, 2007.
Members appointed in 2005: Representatives David Sharpe, David Allaire, and Steve Howard; Senators Don Collins, Hull Maynard, and Richard Mazza.
Staff: Mike Slater (LC), Neil Schickner (JFO), and Sheri Burch (CA).
Motor Bus Fees and Taxes Sec. 55. of Act 175 of 2006 (H.869, the FY 07 Trans. Cap. Bill), directs the joint fiscal office, in cooperation with the DMV, to examine the options for assessing registration fees for motor buses that do not operate on a fixed route (tour buses) and to assess the options for removing or otherwise modifying the diesel fuel tax exemption for these vehicles and to make recommendations to the senate and house committees on transportation by January 15, 2007.
Staff: Neil Schickner (JFO), Mike Slater (LC), and Sheri Burch (CA).
Rest Area Advisory Committee. Sec. 59 of Act 175 of 2006 (H.869, the FY 07 Trans. Cap. Bill) creates a joint rest area advisory committee composed of the chairs of the house and senate committees on appropriations, the house and senate committees on transportation, and the house and senate committees on institutions. The committee may meet during adjournment for official duties. The committee will have the assistance of the staff of the legislative council and the joint fiscal office. The committee will provide legislative oversight of the construction and operation of rest areas, information centers, and welcome centers. The advisory committee will provide advice to the committees on transportation and institutions on capital construction costs and advice to the committees on appropriations on operating budgets.
Members ex officio in 2006: Senators Susan Bartlett, Dick Mazza, and Phil Scott;
Representatives Martha Heath, Richard Westman, and Alice Emmons.
Staff: Mike Slater (LC), Neil Schickner (JFO), and Sheri Burch (CA).
Joint Transportation Oversight Committee. A statutory joint committee of the chairs of the transportation committees and the money committees plans to meet during the 2006 interim.
Members ex officio in 2005 – 2006: Senators Susan Bartlett, Ann Cummings, and Dick Mazza; and Representatives Martha Health, Michael Obuchowski, and Richard Westman.
Staff: Mike Slater (LC), Neil Schickner (JFO), and Sheri Burch (CA).