May 4, 2008, the Burlington Free Press
Agriculture
The fate of some of the hundreds of bills the Legislature considered in 2008:
Hemp: The state will establish procedures for growing industrial hemp to allow the practice if the federal government changes its regulations to permit it. H.267
Manure injection: The Agency of Agriculture will help custom farm operators and large farmers buy equipment that injects manure into soil to reduce surface runoff, reduce odor and improve water quality. S. 290
Meat slaughter: On-farm slaughtering of animals could be possible by April 15 if Vermonters buy a live animal and contract with a farmer to raise the animal and have it slaughtered. The change depends on whether the federal government rules that it won't affect the state's meat inspection status. S. 322
Milk: Farmers may advertise and sell up to 50 quarts a day of raw, unpastereized milk. Act 101.
Business
Abenaki: Abenaki artisans are left without a fix to a flawed 2006 law that was supposed to allow them to meet federal rules for selling their work as Abenaki-made. The Senate, having difficulty finding a way to make the change, passed a bill late in the session that set up a process to grant tribes official state recognition, but the House never took it up. S. 369.
Housing: Act 250 land-use permitting will be lifted for new housing created in specified areas alongside existing development in communities with planning in place provided that 20 percent of the homes meet moderate-pricing ranges of about $250,000. The bill also makes mobile homes real property rather than personal property, giving buyers access to better interest rates and provides mobile home park residents with rights in case of park closure. H. 863
L3Cs: A new designation allows for the creation of a hybrid between a nonprofit organization and a for-profit corporation. The entity would be a low-profit, limited-liability company with "charitable or educational" goals. Enacting the legislation in Vermont, advocates say, gives the state an opportunity to further burnish its credentials as a progressive and innovative economy and might generate revenue for the state when in- and out-of-state companies register as L3Cs here. S. 308
Mercury: The sale of mercury thermostats is banned beginning April 1, 2009. By fall, the Agency of Natural Resources must have a plan for a financial incentive program to collect old mercury thermostats beginning in April. The incentive will be a $5 refund or coupon, with the cost covered by the manufacturers. H. 515
Vermont Yankee: The state will conduct an independent audit of the Vermont Yankee nuclear power plant and have a panel oversee the results in preparation for a decision next year on whether the plant should be allowed to continue operation at 2012. The Legislature is also seeking to ensure the plant's decommissioning fund has sufficient funding for complete decommissioning if ownership of the plant changes, although Gov. Jim Douglas has hinted he will veto the bill. S. 364 and S. 373
Worker's compensation: If a worker has a minor injury, misses no more than a day of work and incurs medical costs of less than $750, an employer may choose to pay those expenses and not report the injury. Also, small businesses must be offered policies with deductibles. S. 345
Consumer Protection
Boating while intoxicated: Offenders may be charged with separate counts for each victim in a boating-, all-terrain-vehicle- or snowmobiling-while-intoxicated incident. This brings other vehicles in line with rules governing automobile drivers. H. 599
Domestic violence: Penalties increase from 12 to 18 months for domestic violence. People who interfere with a person's access to emergency services face criminal charges. Police will receive more training on domestic violence and more money will go toward prevention program and services offered to victims. Money will come from increases in court surcharges and marriage and civil union license fees. S. 357
Drunken driving: Anyone who permits his or her vehicle to be used by someone who is drunk or has drunken-driving convictions faces new penalties. The state will also investigate alcohol ignition interlock systems as a check on drunken driving by people who already have one conviction. S.168 Elevator safety: Many more elevators should receive inspections, thanks to an increase in the fee paid for those inspections. Lawmakers raised the fee from $100 to $250 per inspection to attract more inspectors. H.878
Library records: Libraries can't release information about patrons, such as lists of the books they borrow. Exceptions will be made if there is a court order and for requests from parents of children younger than 16. S. 220
Marijuana penalties: The Senate voted to remove jail time as a penalty for small-quantity possession on first and second offenses, but the bill died because the House never voted on it. S.238 Nursing mothers: Employers must allow nursing mothers time, although not necessarily paid time, to express milk for their children. They also must try to provide a private space that isn't a toilet stall. Employers would be exempt from this requirement if providing time and space disrupts operations. H. 641
Smoke detectors: Starting Jan. 1, single-family homes will have to have photoelectric smoke detectors (rather than ionization style) at the time of sale. S. 226
Whistleblower: State employees will have more specific protections for speaking up about job-related problems. S. 201
Education
School calendar: Both chambers passed bills that would establish more uniform school calendars in the state, but neither took the other's bill up, meaning both expire. S.117 and H. 864
Snowboards: The Senate passed a bill sought by sixth-graders in Swanton to make snowboarding and skiing official state sports, but the House never acted on the bill, meaning it expires. S. 216
State board of education/commissioner: The Senate voted to eliminate the state Board of Education and change the Department of Education to an agency headed by a secretary appointed by the governor, but the House let the bill die. S. 371
Student medications: Beginning in the fall, students with life-threatening allergies or asthma may carry their medications and self-administer them at school and at school-sponsored activities. Their parents must work with a school nurse before students are clear to self-administer their medications. H.748
Two-vote repeal: The House agreed to repeal a controversial 2007 law requiring two votes on some school budgets, but Senate leadership blocked any vote on the question. The two-vote law takes effect for school budgets that come up for votes next winter. H. 864.
Environment
Composting: The bill puts a two-year hiatus on Act 250 environmental enforcement of all composting operations. It will allow Intervale Compost Products in Burlington and Vermont Compost Co. in Montpelier to keep operating while a panel meets to recommend how composting should be regulated. Both composting operations are under orders to seek an Act 250 land-use permit after it was determined they were no longer primarily agricultural enterprises. H. 873.
Environmental enforcement: Penalties will increase for violation of environmental permits, particularly for those who realize an economic advantage by not following the law. The Agency of Natural Resources is directed to establish a database of enforcement actions taken and report to the Legislature on the use of stormwater general permits and enforcement actions involving those permits. H. 865.
Groundwater protection: Underground water becomes a public trust and the state may regulate large withdrawals. Domestic and farm use are exempt from regulation. Reports are required for withdrawals greater than 56,000 gallons per day. S. 304
Lake Champlain cleanup: A cap established last year on the amount of phosphorus that sewage treatment plants near the lake can emit is repealed because of municipalities' concerns about cost. Instead, the state will pursue other efforts to reduce pollution in the lake. H. 873
Government
Campaign reform: Lawmakers passed a bill setting a host of campaign contribution limits, but Gov. Jim Douglas vetoed it. Although the Senate voted to override, the tally for the House override fell one vote short, so the bill died. A similar bill met the same fate in 2007. S. 278
Capital gains: The governor wanted to eliminate an exemption that spares individuals from paying taxes on 40 percent of their capital gains and use the increased revenues to offset changes in the income tax rates for the highest- and middle-income taxpayers. Lawmakers rejected the idea. Court records: The public will have access to Vermont Crime Information Center records for a fee, but full state court records will not be published online. S. 246
Instant-runoff voting: The Legislature passed, but the governor vetoed, a bill that would have authorized instant-runoff voting in federal races, beginning this fall in the U.S. House race. Lawmakers, lacking the votes, never tried to override the veto. Under IRV, voters indicate second, even third choices among candidates, which come into play if no candidate receives a majority. S.108
Proposition 1. Pay freeze: The highest-paid staff in state government won't see pay increases next year. The constitutional officers, the judiciary and the legislative branch also agreed to the pay freeze. Workers covered by the union contract aren't affected. H. 890
Lottery: Lawmakers rejected a Douglas administration proposal to lease the state lottery to a private operator for 40 years with the expectation the state would receive an upfront payment of $50 million. Mobile polling stations: The Secretary of state may allow a town clerk to set up a mobile polling station in nursing homes. This is a pilot project. S. 232
Prison reorganization: The Dale prison for women in Waterbury will close, and all female inmates will be housed at the prison in St. Albans. Men in St. Albans will be shifted to other prisons or out of state. The women's prison in Windsor will become a work camp offering substance-abuse treatment. Savings from these changes will be invested in treatment and transitional housing to try to reduce recidivism. H. 859
Public records: The Secretary of State's Office will take charge of managing the state's public records and coordinating what records must be preserved. S. 229
Young voters: The Senate and House passed an amendment to the state Constitution that would allow young Vermont residents to vote in the primary election in September if they would turn age 18 by the date of the general election in November. It needs to pass the Legislature next biennium, receive approval from the governor and the state's voters to become law. Proposition 5.
Health
Mental health parity: State insurance officials have clearer authority to respond to complaints and regulate insurance plans that use separate firms to manage their mental health care. S.114
State hospital: The state will investigate where to put a 15-bed, secure residential unit for psychiatric patients who no longer require hospitalization. Officials had considered new construction at the Waterbury office complex, but lawmakers directed them to look at a Dale building that would be vacated if female inmates housed there are moved to St. Albans, and at the current hospital building. Planning for the secure unit is another step in the process to close and replace the 54-bed Vermont State Hospital in Waterbury. S. 365
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