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View From Montpelier

Representative Ernie Shand’s
End of Session Report
June 2009

Dear Cavendish and Weathersfield Residents,
This paper is my progress report to you of the first half of the 2009-2010 legislative biennium. The General Assembly was called to order on Tuesday, January 6th and adjourned on Saturday, May 8th. At that time we were scheduled to reconvene on Tuesday, January 5, 2010. However, the Governor felt that he had enough of a disagreement with the Legislature’s budget bill that he was compelled to exercise his authority to call the Legislature back to Montpelier for a special session. On Friday, May 15th, he informed the Clerk of the House that the Special Session would be held Tuesday, June 2nd. On Monday, June 1st for the first time in the history of Vermont, the Governor vetoed the budget bill. This now added consideration of the veto of the budget and the possibility of a veto override vote to the Calendar of the Special Session. The Special Session was convened on Tuesday, June 3rd and adjourned the next day, June 4th. At the special session, the General Assembly overrode the Governor’s veto of the State’s budget and also passed a “Companion” bill, which contained a provision to offer 300 state workers an early retirement rather than laying about 600 off less senior state employees. The Legislature and the Administration were unable to come to agreement about two major issues, both dealing with taxes. This was in spite of an intense week of negotiations the week before the veto and the subsequent override. The first was a proposal by the Administration to transfer the Teacher’s Retirement Fund costs (about $40 million this year) from the General Fund to the Education Fund. This proposal would have required the reallocation of retirement costs directly to our towns. The General Assembly could not agree with what would have been an immediate and substantial increased property tax burden to the towns. The second major point of disagreement was a proposal by the General Assembly to require an income tax increase to taxpayers whose income is greater than $357,700. This would allow for a small income tax decrease to the largest majority of Vermonters, those whose income is below that amount.

I believe this budget is a mix of good and bad. The budget we passed is responsible particularly because of the need to deal with the economic challenges facing our state. I especially had problems with the taxes raised on tobacco and wine. They are regressive and create a particular problem for businesses that are located on or near the Connecticut River.

I do strongly support the income tax changes, which will result in a middle class tax cut and an increase to those Vermonters who are most able to pay.

I feel that Vermonters have a right to expect the Governor and the Legislature to work together to find a compromise. The “Companion” bill that the House and Senate offered was an example of a written compromise from the legislative branch to the Governor. I am happy to report that the Governor did sign the bill.

I am proud of the work that the House and Senate did. We did our best to preserve the things that mattered, and we have positioned ourselves to do good work in the second half of the biennium. Because the State’s economists don’t feel that we have yet reached the bottom of the recession, many of the same issues that faced us this year will still be in play for the next two years. The uncertainties of the economic climate will continue to divide us in the areas of education spending, property taxes and the right balance between the Education Fund and the General Fund. It is going to be a challenging budget year in 2010.

Investing in Vermont
This year Vermont will invest in state and municipal infrastructure, provide jobs, and strengthen the economic development of the state through its annual Capitol Bill. The legislation incorporates federal stimulus money (ARRA) with the annual bonding program so that the total infrastructure spending will be over $109 million, more than double last year’s bonding amount.
Vermont will construct an urgently needed forensics laboratory in Waterbury. We will complete the renovations of the Vermont Veterans Home in Bennington. In addition to these specific building projects, major maintenance to state buildings will be undertaken across the state that will employ many Vermonters.
The Vermont Investment Package outlined in the Capitol Bill targets infrastructure investment and job creation in an even more specific way. About $6 million will go to Forest & Parks for maintenance and expansion of facilities.
We continue to pay down the backlog of school construction projects owed for past projects. This year we will be able to make a total of $10 million in payments statewide. The Weathersfield School in Ascutney is an example of one of these projects. Weathersfield will receive a payment of $1.3 million, which is about one third of what it is owed. We will work our way down the list of the schools still owed the remaining $32 million over the next three years. There is presently a moratorium on state assisted school construction financing until all outstanding obligations are paid.

Vermont Yankee Decommissioning
One of the disappointing moments of the session for me was when the Governor vetoed a bill that states that upon the sale or transfer of the Vermont Yankee Nuclear plant, the trust fund to decommission the plant must be shown to be adequate to clean up the plant and the site. The fund does not need to be made whole with cash. A parental guarantee or a certified line of credit, for example, may be sufficient to satisfy the State that its taxpayers will not be responsible to clean up the site after the plant ceases producing electricity.

Marriage Equality
Civil Marriage, S.115, captured the headlines and hearts of most Vermonters who view civil marriage as a civil right to be accorded to all persons. The House and Senate, in a truly tri-partisan vote supported marriage equality, in spite of a veto by the Governor. The new law stipulates as of September 1st of this year two persons of the same sex will be allowed to marry. In the process no one’s rights will be abridged. If a house of worship feels that same sex marriage is counter to its beliefs, it will not be required to bless or sanctify a civil ceremony.

Sexual Violence Prevention
The Governor signed into law legislation that enhances the comprehensive statewide approach to preventing child abuse (S. 13). Concern for the welfare of victims of sexual violations will be addressed through the use of special investigation units which are comprised of specially trained persons to work with victims. Depositions will not be taken from the victims unless absolutely necessary. If depositions have to be taken, measures will be put into place which will protect the victim’s well being.
A new crime, aggravated sexual assault of a child, carries significant penalties. The convicted offender could be imprisoned for not less than 25 years with a maximum term of life, and in addition, may be fined not more than $50,000. The 25 year term of imprisonment may not be suspended or deferred or served as a supervised sentence. The defendant will not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the 25 year term of imprisonment. The court may not defer a sentence for this crime.

If you have questions or concerns, please call me at 1-800-322-5616 or 1-802-828-2228. My e-mail is This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You can also write me at State House, 115 State Street, Montpelier, VT 05633-5201. I can be reached at home weekends, summer and fall at 802-674-5021. My home address is 46 Old Bridge Rd., Weathersfield, VT 05089-9065.

A hard copy of this report is available at the Weathersfield and Cavendish town offices and the Weathersfield and Cavendish libraries. You can also give me call and I would be happy to snail mail it to you.

View From Montpelier

03-28-2008

Rep. Ernie Shand
802-674-5021

Recently, my committee, House Commerce, received Bill S-345 from the Senate. This bill relates to lowering the cost of workers’ compensation insurance. We took testimony on this topic earlier in the session in anticipation of receiving S-345. In the upcoming weeks, we will explore ways to keep Vermont workers safer. We also will explore the nexus of how safer workers will save Vermont employers premium costs.

Last Updated on Tuesday, 17 March 2009 21:10

02-4-2009

Rep. Ernie Shand
802-674-5021

The Attorney General’s office has provided the House Commerce Committee with some information which may be helpful if you or someone you know is having problems with an overly aggressive debt collection. Are you are behind on your credit card payments, your home mortgage, a personal loan or other debt? If so, you may be contacted by the creditor or a debt collection agency. While the law doesn’t prevent reasonable attempts to collect real debts, the law does protect you from abusive debt collection. Examples of abusive debt collection are calls from 9 p.m. to 8 a.m., threats, harassment, and deceptive communications.

Also, creditors and debt collectors may not contact:

Last Updated on Tuesday, 10 February 2009 13:01

01-21-2009

Rep. Ernie Shand
Cavendish -Weathersfield

It is now several weeks into the new session. The new Speaker of the House appointed me to the House Commerce Committee as the ranking member of the committee. We are in the process of changing the committee’s name to the House Commerce and Economic Development Committee. We will continue to explore ways to jump-start Vermont’s economy, build long-term sustainable jobs, and support both new and existing small businesses.

Last Updated on Tuesday, 10 February 2009 13:00