Dear Friends, Family and Constituents:  I have enjoyed serving you the past 4 years, and this fall will be seeking my third term as a state representative in Bennington #2-2.  Every day is a new challenge–being a part of something that benefits you and all Vermonters. 

Thank you for your continued support.

 Education:                            

I serve on the House Education Committee.  This biennium we were asked to look at the cost drivers in education and take some action on it.  Within the first few months, we realized that we had our hands full.  The cost drivers of education are many:  health care, personnel, transportation, special education, mandates, to name a few.  We listened to school board members, teachers, taxpayers, superintendents, principals, district personnel,…… and more.  The House Education Committee worked very hard to bring bills to the House floor for vote, some were passed, only to remain stalled in the Senate Education Committee – untouched!  [That means they need to be re-introduced next January.]

Legislation that was successful:  the school breakfast bill, elimination of 30 school mandates, streamlining the process for school districts to consolidate, special education audits – the requirements and their timelines, Pre-Kindergarten and the integration of the STARS program, funding of Teen Pregnancy Programs (like our Opportunity Program at Sunrise), the dissection bill – which provides alternatives for students who do not wish to dissect an animal, codifying necessary fire inspections for residential schools, and a bill which allows students to carry and self-administer life-threatening emergency medication such as an epi-pen and inhalers.

Details of –

H. 711:

• addresses special audits, their frequency and expediency of process.
• streamlines process for the formation of union school districts
• repeals nearly 30 mandates/reports that were identified as unnecessary/duplicative or no longer relevant
• DOE to study alternative education programs around the state
• ensures student’s rights to an alternative learning tool instead of animal dissection, AND requires districts to adopt policies

H. 748

• permits students with life threatening allergies or asthma to possess and self administer emergency medications

H. 809

• requires and codifies annual fire inspections for approved independent schools with residential capacity.

H. 884

• clarifies Pre-Kindergarten programs offered by public schools.  They must comply with DCF’s STARS program.  Establishing a grace period before compliance.

Stalled and/or not advanced in the Senate or House were:

• The repeal of the two-vote provision of 2007’s Act #82 – passed the House, but was not advanced by the Senate Education Committee.
• Statewide calendar – reverts to regional calendar
• BSD waiver - reimbursement to DOE following sale of Catamount School – did not have support to be included in Capital Bill from the Institutions & Corrections Committee.
• Make the commissioner of education a secretary of education and be able to sit on the Governor’s cabinet – did not make it out of the House Education Committee.  This bill also proposed to abolish the State Board of Education.

One last note…..at the beginning of the session, the governor proposed to lease the lottery - a state asset -for $50 million.  Even though the lease price was speculative and the money would not have been available until FY 2010, the governor proposed spending that money in FY 2009 for school construction, as well as to reduce the property tax rate by two cents.   The public was not fooled.  It left the Appropriations Committee with an apparent hole of $50 million for the coming year.  A challenge for the committee to be sure!  The Committee is to be commended for the budget that was presented and passed.

 

Agriculture

This session, the House Agriculture Committee brought two complementary strands of legislative work together:  support for our conventional dairy economy and diversification of new markets for greater economic opportunity.  Overall we seek a robust agricultural sector that is profitable and environmentally sustainable.

Because the dairy industry still generates approximately 85% of our state’s agricultural income, it is crucial that we continue to support and enhance the profitability of this sector, even as we diversify into other areas of agricultural and horticulture.  Farming is facing another tough period as fuel, fertilizer, and feed prices are all increasing more rapidly than the price paid to farmers for their milk.  This is true for both conventional and organic dairy farmers.

The Agriculture Committee’s work supports both conventional and organic dairy farms, as well as large and small-scale cheese making.  We also work to help develop other agricultural operations, including fruits and vegetables, poultry, grapes and wine, to name a few.

“Buy Local” programs are being widely accepted; all of Vermont is encouraged to buy more of its food for schools and institutions locally.  Other ‘ag’ projects: increasing slaughterhouse capacity, developing expertise and support for on-farm energy development, starting a farm safety program to help control agricultural worker’s compensation costs, and through an education bill addresses the future need of agricultural, forestry and horticulture teachers, and lastly, the offering of alternatives for animal dissection in the classroom.

Broadband

In a small rural state like ours, access to modern telecommunications is an increasing challenge.  Many Vermonters are only able to access the Internet through outdated dialup connections, and they are unable to use cell phones in many areas of the state.

To help modernize Vermont communications, the legislature created the Vermont Telecommunications Authority (VTA), and charged it with bringing broadband internet and cell phone coverage to every home in Vermont by 2010.  The VTA will work in partnership with private providers to achieve this goal.

The legislature changed the law to facilitate the use of existing structures such as telephone poles, towers, state-owned buildings and other structures for improved telecommunications.  These steps will bring the telecommunications infrastructure up to date, assisting not only individuals but also business and the economic development of the state.  We are pleased to help those who have been patiently waiting for cell phone and improved Internet service, and in the process help our state become a model in telecommunications.

Budget – FY 09

Despite continuing bad news about the economy and state revenues, the legislature built a budget that will make investments in the crumbling transportation infrastructure, and will reduce pressures on both property taxes and the cost of health insurance.

The appropriations process got off to an inauspicious beginning in January when the general fund revenues forecast for FY2009 fell short of $14 million.  In April the forecast further revealed a total shortfall of $24.5 million.  At the end of a rocky road, the legislature passed a balanced and responsible budget that reflected our goals and values, and did not put more of a burden on the property tax.

The budget included:

• increased funding for town programs over the levels proposed by the governor.  Payment In Lieu Of Taxes (PILOT) funding was increased by over $1 million, an amount that will substantially reduce property tax pressure in towns that have state owned buildings.
• created more affordable housing stock.  The budget proposed by the governor reduced funding for the Vermont Housing and Conservation Board by a total of $5.2 million.  This would have meant building 150 fewer units of housing.  The legislature’s budget restored this funding, thereby keeping the House’s commitment to progress in the creation of affordable housing.  Furthermore, in the legislature’s final days, an additional $700,000 was appropriated for housing.
• increased Next Generation funding by $1 million and added an additional $1 million specifically for workforce training efforts as part of the economic recovery package.  appropriated and increased in the subsidized childcare program because access to childcare is an important element in providing the stable employees our businesses need.

Finally, the budget focused on programs that assist Vermonters who needed help meeting their needs.  The legislature refused to accept the governor’s proposal to reinstate co-payments for the elderly in our pharmacy programs and to double premiums for Vermonters on Medicaid.  We made certain many more young adults with special needs would get the services that will allow them to live and work in our communities as they leave our high schools.  A $500,000 increase in substance abuse programs was allocated to continuing statewide efforts.  From programs for educating pregnant teens to child abuse prevention and our community justice centers, money was added where we could. The Legislature’s budget makes the best possible use of our limited resources.  It will not shift costs onto the property tax.  It will make investments in Vermont’s economic future.  It is the right budget in a challenging fiscal environment.

Democracy

Campaign Reform:  Democracy is the right, ability, and responsibility of every citizen to take his or her beliefs and informed opinions into the voting booth and to vote for whomever he or she believes will best guide our democracy.  Twice this biennium both the Senate and House sought to pass a campaign finance reform bill for Vermont.  The bill set limits on the amount each candidate receives from an individual, a political party or special interest group – depending on the office being sought.

Governor Douglas vetoed the Campaign Finance Reform bill, again this year.  Vermont’s House of Representatives was one vote short of overriding that veto.  Campaign finance laws are designed to limit the very powerful influence that money has in our elections.  This is the second year in a row that the Governor has vetoed a law designed to limit campaign contributions.  The Governor expressed his preference for no limits on the amount of money that the state political parties could give to a candidate.  The House was unwilling to leave the spigot open for an unending flow of money from the state and national political parties to their candidates.   [Therefore, for this election season, candidates for the House of Representatives will be able to accept a maximum of $200.00 from an individual.]

Democracy:  Instant Run-Off Voting (IRV):  In addition to vetoing Campaign Finance, the Governor vetoed Instant Runoff Voting, or IRV, a method whereby each voter selects his or her first and second choices in an election, thereby avoiding costly recounts and re-votes when one candidate does not win a majority.  This method has been used successfully in local elections in Vermont and elsewhere in the country.

Democracy:  National Popular Vote (NPV):
Recently, the Governor also vetoed the National Popular Vote bill passed by the Legislature.  This bill deals only with a Presidential election.  It is a method whereby the President of the United States would be chosen by popular vote rather than the current system.  Four times in the history of our country a President has been elected who did not receive the majority of the popular vote.  The last time was in 2000.

Domestic & Sexual Violence

All Vermonters should be safe from domestic and sexual violence in their homes.  In response to that goal, the Vermont legislature completed several years of work to create many changes in the way our state responds to domestic violence, and directed significant new resources toward preventing this crime in the future.  It increased the penalty for domestic assault, enhanced criminal statutes addressing aggravated domestic assault and violation of an abuse prevention order, and created a new crime of interfering with a victim’s attempt to access emergency services like police or medical attention.  Changes were also made to civil law, enhancing protection orders and providing new guidelines for courts to use in determining how to set up safe visitation for parents who have committed domestic violence.  The Legislature created a Domestic Violence Council statewide to coordinate statewide responses to domestic violence, and much more.  Perhaps most importantly, we provided over $880,000 in new funding was provided for prevention programs and direct services to victims of domestic and sexual violence statewide.  This vitally important funding is raised by increasing surcharges on fines for people who break the law, and by increasing the state’s marriage and civil union license fee.

More detail –

Criminal law changes:

• Increases the domestic assault penalty from 12 to 18 months
• Improves the second degree aggravated domestic assault statute to make it more comprehensive
• Creates a new crime of interfering with access to emergency services
• Enhances the crime of violation of an abuse prevention order, reflecting the serious nature of criminal activity that directly violates a court order intended to provide safety for victims
• Creates a new requirement of law enforcement training for all officers in the state

Civil law changes:

• Enhances protection orders to protect victims whose perpetrators are incarcerated
• Encourages supervised visitation when one parent has abused the other and provides guidance for courts in providing for the safety of children when one parent has abused the other parent or the children
• Allows emergency hearings to modify visitation when a parent fears for their safety or the safety of their child

Other supports provided by legislation:

• Creates the statewide Domestic Violence Council in statute to provide statewide leadership in promoting a coordinated community response to domestic violence
• Creates a committee to study the issue of housing discrimination against victims of domestic violence
• Creates a committee to study schools’ response to bullying and harassment, including cyber-bullying – behaviors that we know can be linked to dating violence and abusive behavior later in life
• Provides access to state health care programs for victims of domestic violence who lose their health insurance as a result of the violence

Energy – Our Future

During this biennium the legislature set Vermont on a course towards a new energy future. We are leading the way with policies that maximize energy efficiency, promote the production of energy from clean resources, and create jobs in the new green economy. The wide-ranging energy legislation contains provisions that include:

• Requiring that utilities get more of their power from renewable energy
• Providing incentives for wind developers, and for solar installation for businesses
• Creating the Clean Energy Development Fund that provides grants and loans for research and development, and the deployment of large and small renewable energy projects
• Doubling the budget for Efficiency Vermont
• Expanding weatherization programs for low-income Vermonters
• Establishing new all fuel efficiency programs to help residential customers and
• businesses reduce their fuel usage
• Helping farmers diversify by producing electricity from farm waste
• Offering a tax holiday between July 12-14^th,  2008  for purchases under $2,000; and on energy star appliances between July 14 –18^th 2008.
• Required Vermont Yankee operator – Entergy Corporation – to make whole the Vermont Yankee Decommissioning Fund to ensure that money will be available to safely dismantle and remove the nuclear power station from the shore of the Connecticut River, whenever the plant ceases to operate
• Helped Vermonters save energy, save money, and reduce the amount of carbon we send into the atmosphere by creating an “All Fuels” energy efficiency utility much like the remarkably successful, electricity-focused Efficiency Vermont

There is still a lot of work to do in addressing Vermont’s energy future – a future of greater energy independence where we produce more of our energy here at home.  As we achieve this goal, and keep more of our energy dollars in Vermont, our economy will be stronger, our costs lower, and our carbon footprint smaller.

For the immediate future, my greatest concern is the cost of heating fuel for Vermonters.  This summer it is wise to make sure our heating source is serviced and efficient.  Come this fall, we will need to make every effort to conserve, dress more warmly, and close our doors and windows when not in use.

Environment :  Our Future

The Legislature delivered a strong agenda in 2008 to protect our environment.  We addressed some of the important issues facing Vermonters from the overuse of groundwater, the water we drink, and the reduction of carbon emissions.

Some of the key accomplishments are listed below:

• Designated groundwater as a public trust resource to protect it from unlimited withdrawals by commercial interests
• Created a groundwater withdrawal permitting program to protect home drinking wells near any large groundwater withdrawal
• Improved the Current Use program to allow for the enrollment of conservation lands and improved the administration of the program to keep intact our working landscape of farms and forests
• Reduced mercury waste in our solid waste facilities.  This material can leach into and poison our groundwater
• Protected water quality through the regulation of storm-water run-off while protecting the rights of property owners along waterways that do not meet Water Quality Standards
• Brought our environmental enforcement laws into the 21^st Century by raising penalties and making the process more open to the public
• Required better planning for and appropriate targeting of the funds spent in the Clean and Clear Program to reduce phosphorous discharges into Lake Champlain.

The vision to protect our natural resources for the future was the driving force behind our work. We should all be proud of the environmental protections we put in place in this session.

Health Care

In 2005, Catamount Health was created to increase access to Vermonters to health care, and subsidize for income-eligible Vermonters. This year, the legislature was challenged to balance our budget without asking people who pay health care premiums to pay even more than they already do, versus Governor Douglas who proposed a budget that shifted $20 million in health care costs onto our hospitals and doctors.

The House also protected the most needy Vermonters by not increasing health care premiums for lower income people on Medicaid, VHAP, and Dr. Dynasaur – in contrast to Governor Douglas who proposed 50-100% premium increases in these programs.

After filling these holes and balancing the budget, the legislature also made some important strides forward:

·         Established a health care electronic information technology fund.  Investments in information technology will improve the quality of care, reduce unnecessary tests and medical errors, and save lives and money.

·         Addressed the pre-existing conditions issue in Catamount by eliminating pregnancy as a preexisting condition and by providing amnesty from the preexisting condition exclusion for subscribers who apply before November 1, 2008. [This section was eliminated from the final bill.]

·         Strengthened prevention & healthy living programs as well as incentives.  We know that the increasing numbers of overweight and inactive people are driving up health care costs because they are more likely to develop chronic health conditions such as diabetes, high blood pressure and heart disease.

·         Continued to support the health care workforce, especially in primary care,  loan repayment programs and other initiatives

Vermont is now positioned to be first in line next year to take advantage of anticipated opportunities for partnerships with a new federal administration in Washington that would allow states to pursue new and expanded approaches to health care reform.

Highway Safety  

In 2006, 15 of the 88 highway fatality victims were between the ages of 16-19.  Youth driving fatalities are so high that the Center for Disease Control has determined them to be a public health risk.

To address these issues, the Vermont House of Representatives worked on and passed the following initiatives, but lacking the Senate and the Governor’s support, failed to become law:

Nighttime restrictions for junior operators:  The House provided a nighttime restriction of midnight to 5 AM for junior operators, with exceptions for work and school.  Vermont is one of 6 states that does not have nighttime restrictions for junior operators.  According to the National Safety Transportation Board, nighttime driving restrictions have reduced crashes during the restricted time by 60%.

Prohibition of the use of cell phones and hand held devices by junior operators: Testimony in the House overwhelmingly showed that teens, driving, and cell phones are a dangerous mix due to teen’s vulnerability to distractions and accidents.  We know that junior operators are disproportionately vulnerable to accidents and that with each distraction the rate of a crash increases 4 times.

Hands-free Only for Adults:  While cell phones are a fact of life for many drivers, if you talk on a cell phone while driving, you are four more times likely to get into a serious crash.  We heard testimony that driving while talking on a cell phone is similar to driving while under the influence.

Six other states have hand-held cell bans, including NJ, CT and DC.  Hand-held phones are banned in most European countries.  In a recent poll by Senator Doyle, 71% of the Vermonters who responded said that cell phones should be banned outright while driving.

Primary Enforcement for Seatbelts: Testimony from law enforcement officers, public health workers, and EMT’s all stressed the need for failure to wear a seatbelt as a primary offense.

Housing

Both the Vermont House and the Senate worked hard to establish a structure for building affordable housing for working Vermonters, and, ensure that existing housing will be safe for our families and children.

The need for more affordable housing for working Vermonters is huge.  With the housing bill came the first major change to Act 250 relating to housing.  Areas that are state designated downtowns, village centers, new town centers, and growth centers can apply to become Vermont Neighborhoods.  Housing developed within Vermont Neighborhoods is subject to local zoning decisions and exempt from Act 250 review.  This new program is designed to protect the rural character of our state and ensure traditional settlement patterns, continuing the smart growth principles that have guided our policy over the last few years.  Further study of these principles will be undergone for rural areas.

Other items addressed were:

• more affordable financing for almost ten percent of Vermont’s housing stock;
• allowing permanently located mobile homes to be considered real property;
• clarifying requirements around the sale and closure of mobile home parks - providing for a fair and timely process for owners and tenants.
• increasing housing tax credits and reductions in the property transfer tax are included for some low and moderate income homebuyers.
• twenty percent of the homes built under the Vermont Neighborhoods program must be moderately priced.

For preservation of existing housing, the Housing bill:

• protects children from the dangers of lead exposure in rental housing,
• encourages lead screening for all one and two-year olds.
• homes will need to have smoke detectors, at the time of sale, that quickly detect deadly, smoldering fires.

Vermont will be moving toward a statewide rental housing inspection system by 2011.

The Vermont Housing and Conservation Board (VHCB) has been Vermont’s primary vehicle for funding permanently affordable housing for over 20 years.  Despite the governor’s plan to cut its funding, the Legislature continued funding for VHCB in the FY09 budget.  Economic stimulus provisions were included in the work on housing.  These include short-term loans for Vermont Housing Finance Agency (VHFA) mortgage products, consideration of state investment in VHFA bonds, and continued support for the Vermont Housing and Conservation Board.  This work recognizes that housing construction and rehabilitation have a major positive effect on our economy.

Housing:  Lead Paint Practices:   

Vermont’s future depends on having strong, healthy children and families; much has been done to provide added support and protection for them.

Young children are particularly vulnerable to lead as it has permanent effects on their developing brains.  There is no safe level of lead.  The primary source of lead exposure is lead-based paint in pre-1978 housing and the surrounding soil.  This biennium, a bill was passed to update the 1996 law that dealt with lead paint hazards in rental housing and childcare facilities.  The updated law will require all owners of pre-1978 housing to use lead safe work practices when disturbing more than one square foot of lead-based paint.  It also makes some changes in requirements for owners of pre-1978 rental housing and childcare facilities, providing for penalties for those who ignore the requirements.  Screening for elevated blood lead levels in children under six will remain voluntary for now, but if fewer than 85% of one-year-olds and fewer than 75% of two year olds are being screened by 2011, screening will become mandatory.

In addition to lead paint, the legislature has worked to protect Vermont’s children from toxins and chemicals such as phthalates.  Additional concern has recently been raised about the high level of lead in children’s jewelry and other consumer protects.  The legislature acted to increase the protection of children from these dangers by revising and outlining the allowable amount of lead in toys, jewelry, and other products used by children under twelve.

In this day and age parents should not have to worry about the toxic chemicals in the toys.  Recent testing has found that many common toys contain high levels of toxic chemicals used in plastics to make them soft and flexible.  The legislation that was passed this year seeks to reduce the risk to children’s health posed by these chemicals in infants’ toys and other childcare products for children under age 3 by prohibiting the manufacture, sale or distribution of toys and other products directed to this age group. The European Union, Mexico, Japan, twelve other countries, as well as several other U.S. states have already banned phthalates in products for young children so alternatives are already being produced for those markets.

Juvenile Justice System: Child Abuse & Neglect

Some of the biggest legislative accomplishments each year are achieved with little notice and no fanfare.

For the first time in over 30 years, the Legislature revamped Vermont’s juvenile justice system.  Laws were updated directing how the state handles children who either commit delinquent acts or who are abused or so badly neglected the state must step in to protect them.  The legislation implements the work of a commission that met for two years to revise existing law for juvenile delinquents and children in need of care and supervision.  Among the important changes is a shortened timeline for the state to evaluate the potential for a child to be reunited with his or her parents.  The bill also emphasizes the need for both parents and other family members to be considered before a child is committed to state custody.

The state annually receives thousands of reports of alleged child abuse.  Under existing law, a call to the state either leads to a full investigation or the report is deemed unworthy of any action by the state.  Our legislation will add the possibility of a differential response, allowing families to receive support services without the adversarial climate of an investigation.  Vermont is ripe for change in this area because federal investigators found the state’s record in protecting children to be deficient.  Social workers have heavy caseloads that make contact with each family too infrequent.  As part of its work on this bill, the legislature obtained written assurance from the administration that staff cuts would not reduce this service to Vermont’s children at risk.

Mental Health Commitment

The Vermont Legislature worked hard this year to live up to our commitments to Vermont adults and children who receive mental health support in our communities. While most areas of state government saw reduced or level funding, we were able to give both inflationary and caseload increases for these important services.

These are tough economic times for most Vermont families.  When stress is high, people who are burdened with mental health challenges have an increased need for support to maintain stability.

The legislature rejected one significant cut proposed by the Douglas administration that would have left many families who have developmentally delayed young adult children without support. While there are always valid arguments for more funding, this restoration of funds — along with the inflationary and caseload increases provided to community mental health agencies, the State Hospital, and our community schools — amounts to a successful year in maintaining our commitments.

The vast majority of Vermonters who seek mental health support for themselves and their children depend on private mental health counselors, doctors, and psychiatrists.  These Vermonters, along with their private providers, have expressed frustration for some time about unfair health insurance practices that directly interfere with necessary care.  This year, the legislature sent a strong message to the insurance carriers and their contractors that they must follow our mental health parity laws.  We directed the Health Care administration to apply our regulatory standards to the managed behavioral health companies with whom our insurance companies contract.

Poverty:  Workforce Transition

Helping Vermonters move out of poverty was an important focus of the legislature this year.  Providing real and meaningful job opportunities for those on public assistance, for those in prison, and for those with disabilities is critical to helping these people change their lives.

It is also vital to meeting the needs of our employers in finding a well-trained workforce. The legislature substantially increased funding for workforce training programs designed to help Vermonters get into well paying jobs, either for their first time, or as a transition to a new job or career.  We also continued the funding for programs to reduce the high school drop out rate and to inspire students to continue their education and/or training after high school.

The legislature provided funding to begin a program called Reach Ahead.  This program will allow Vermonters leaving the Temporary Assistance to Needy Families with Children program to retain some of their benefits so they can transition successfully from poverty into the workforce.  New workers are often overwhelmed trying to make ends meet when they first begin work.  Providing some assistance in the early months will improve the chance of success.

Prison Reform:

Vermont has a low and declining rate of crime, yet we continue to lock up more and more people, many for non-violent offenses.  Despite the countless studies that demonstrate more cost-effective ways to deal with crime, Vermonters still needlessly spend tens of millions of dollars in added costs each year.  So the legislature took action.

The new legislation, called Justice Reinvestment, provides alternatives to incarceration by investing in drug and alcohol treatment programs, transitional housing, and community-based solutions.  It aims to reduce recidivism — known as repeat customers to the prison system — and is estimated to save, in reduced prison costs alone, $50-$200 million.

Justice Reinvestment seed money will come from the reorganization of our prisons.  Vermont has nine correctional facilities.  Two of them are for women, one in Windsor, and one in Waterbury called Dale.  This reorganization consolidates all of the women into one facility by moving them to the facility in St. Albans.  We will then shut down Dale, and revamp the Windsor facility into a men’s work camp.  That restructuring is planned to begin in January.

The savings produced from Justice Reinvestment plus the prison reorganization savings will fuel not only further investments in alternatives to incarceration, it will provide tens of millions of dollars, some say $50 million, left over to benefit tax-payers for

• new or modified policies and procedures, such as expanded use of electronic monitoring,
• changes in the reintegration furlough, and
• changes in probation regulations.
• investments in alternatives to incarceration, as well as programs designed to address drug and alcohol addiction, and the mental health problems of offenders.  We offer these programs to help offenders become more productive members of society.  Funds have been allocated for this and next year’s budget to provide:

·         Transitional housing outside of the prison walls

·         Expansion of community services

·         Assessment for substance abuse needs

• A pilot program of drug abuse screening and assessment to provide courts better access to alternatives to incarceration

·         More substance abuse treatment

·         Re-entry housing

Investing in alternatives to incarceration for non-violent offenders not only will save Vermonters money, but will make communities safer.
 

Sexual Assault Nurse Examiners

We established Vermont’s Sexual Assault Nurse Examiner (SANE) program in statute.  The SANE program has existed in Vermont since 1996, but has never had any official recognition or authority in Vermont law.  We created a formal SANE Advisory Board with the authority to certify and decertify sexual assault nurse examiners, and formally created the position of SANE Clinical Coordinator, which will be a contracted position through the Vermont Network Against Domestic and Sexual Violence.

We also made changes to the state’s Victims’ Compensation program that will enable sexual assault survivors who go through a sexual assault exam to access funding through Victims’ Compensation for mental health counseling.  Under current law, crime victims can only access Victims’ Compensation funding if they report to law enforcement, a process which can be very difficult for sexual assault survivors.

Transportation: Roads, Bridges, and Rail

If you have spent any time in the past 6-8 months driving around Vermont, you know that Vermont roads and bridges are in tough shape.  Vermont’s roads and bridges are facing a ‘perfect storm’ of rapidly aging infrastructure, skyrocketing construction costs, and declining revenues. The legislature — working under tough budget constraints — has made strategic investments in road and bridge repair and has laid down the foundation to address the ongoing funding crisis for transportation.

Over one-third of Vermont’s 2,700 bridges are deemed to be structurally deficient, functionally obsolete, or both by federal standards.  On a national scale, our proportion of deficient bridges is among the ten worst in the nation.   At the same time a quarter of our roads are now rated by the state as being in very poor condition.  If we merely continue with current funding levels, the transportation agency projects that nearly half of our roads will be rated very poor in three years.

A long-term program for transportation funding will become a part of the budget-setting process for the future.  Rail investment, both passenger and freight, is also a critical part of the future.  The legislature sought to advance funding for rail infrastructure projects along the western rail corridor.  Vermonters should bear in mind that investing now in transportation funding saves us money in the future. It is critical that we get back to the basics and invest in our infrastructure as a strategy for real economic stimulus.  Fixing our roads and bridges will create good paying jobs, pump money into local economies, and ensure that Vermont’s products get to their markets, rather than being detoured.

Despite some progress this year, the gap between transportation needs and the revenues to address them continues to grow wider, and the problems grow worse.  Transportation will remain a critical issue in the years ahead, and the legislature will continue to work hard to find solutions.

Vermont Yankee  

Vermont Yankee nuclear plant put itself in the news a number of times during the past year.  From shutdowns to tracking mysterious leaks, cracked dryers, and the widely publicized collapsed cooling towers, Vermonters’ confidence in the reliability of the continued safe operation of the plant was clearly shaken.  The governor, the congressional delegation, and the legislature called for an independent evaluation of Vermont Yankee (VY) , and whether it is able to continue to operate for twenty more years past 2012.  As a result, the House of Representatives crafted a detailed specific inspection process to be carried out by an independent team of expert auditors and technicians with precise systems and areas to check and questions to answer.  The inspection report must be delivered to the Legislature no later than January 2009.  This report — combined with the results of the public engagement process and the expert studies on VY economics and reliability that the legislature previously required but has yet to be completed — should provide the legislature with a wealth of valuable information that lawmakers will use in their decision making process regarding the future operation of VY.  The legislature may vote on this important question as early as the next legislative session.

In early February, the legislature learned that Entergy Corporation, the owner of Entergy Vermont Yankee, would create a new limited liability corporation (LLC) composed of Entergy’s six nuclear merchant generators operating in the New England northeast.  The legislature is concerned that this new corporation will not have the financial capability to ensure the adequacy of the fund required to pay for the decommissioning of the plant when it eventually closes. The legislature passed legislation that required the Public Service Board to require that the new corporation immediately guarantee full funding capability for the plant de-commissioning fund.  This would insure that Vermont taxpayers never be liable for any future decommissioning costs.  Unfortunately, the governor vetoed the bill, potentially exposing Vermonter’s to the cost of decommissioning the facility.

Veterans

Vermont National Guard members will have access to scholarships that enable attendance at UVM.  We are now able to recognize all Vermont veterans with a Vermont Medal of recognition and appreciation.  In the past this medal was only available to veterans who enlisted in Vermont.  Veterans who are Pearl Harbor Survivors, former prisoners of war, recipients of the Purple Heart, and disabled veterans qualify for a Gold Star Registration License Plate for their vehicle.  License plates with special other military affiliations will be available, too.  The General, Housing and Military Affairs Committee focused on homeless veterans, fostering collaboration among local volunteers and state and national officials working to address this growing problem.

Worker’s Compensation  

Vermont’s Workers’ Compensation program is a mutually beneficial compact between workers and their employers that has been proven over many decades to save businesses money by preventing lawsuits for negligence, while providing injured workers medical care and reasonable indemnity for lost wages and other expenses.

Though the amount of money a business saves through this program is considerable, the cost of the program is undeniably substantial.  The House tackled the difficult question of balancing costs versus worker benefits again this winter, making changes aimed at reducing workers’ compensation costs without drastically reducing benefits. 

A new task force was created that will study ways to reduce fraud, which tends to occur in cases where workers are misclassified as independent contractors when they really

are employees, and when other workers are miscoded in wrong job categories, in order to keep more money from going into the worker’s compensation system.

We increased the time that some injured workers have to wait before receiving cost of living increases. When there are disputes between workers and employers, they will be heard by a mediator before any formal hearing is held.  

Most importantly, we have created a new “$750, first-aid only” method for employers to pay directly for small injuries without reporting them to their insurer.  We also now require that insurers offer a policy with at least a $500 deductible.

Taken together, these changes should help to hold down costs for employers while providing a reasonable solution for the needs of employees.