Message from Montpelier
Ira Trombley
March 29, 2008
The cross over date passed with a flourish of bills. This week H.11 Relating to the Commissioner of Health, H862 Amendments to Charter of Village of Waterbury, H.170 Relating to Retires of the University of Vermont, H615 Relating to Juvenile Justice, H635 Reports of Child Abuse or Neglect all passed on voice votes with no nays. H888 Miscellaneous Tax Amendments passed on a voice vote with a few nays.
The Senate is finishing work on S369 Recognition of tribes and bands of Native Americans, S348 Education/workforce training for children 16 and 18, S201 Whistleblower, and H.563 Uniform Commercial Code and should send them to us next week.
The Sen. Bill Doyle poll is always greeted with interest. It is not a scientific poll, but does represent the responses of those who fill it out. The first seven results;
1) Should drivers be prohibited from using cell phones while driving? yes 70% no 22%
2) Do you support same sex marriage? Yes 54% no 37%
3) Should Vermont take the lead in addressing climate change? Yes 64% no 24%
4) Should Vermont lease the lottery? Yes 6% no 74%
5) Are you optimistic about the Vermont economy yes 33% no 44%
6) Do you support legalization of hemp? Yes 55% no 32%
7) Should jail time be removed for the possession of one ounce of marijuana? Yes 65% no 26%
The Doyle Poll is developed by Sen. Doyle and his State College students. It is tabulated by the students. There are 14 questions in all. Surveys were available at most town meetings for people to fill out.
The big budget bill should roll out of House Appropriations next week. The transportation bill should be coming soon. We are trying to work efficiently and effectively. To speed up the process we suspend our rules to message action to the other chamber on as many bills as possible. To suspend the rules both major parties have to agree.
The tax increment finance district is being looked at by the Ways and Means Committee.
Please do not hesitate to call your State Representatives for Grand Isle County and West Milton, Ira Trombley, 94 Pearl Street, Grand Isle, VT 372-4030, itrombley@leg.state.vt.us or Mitzi Johnson, PO Box 144, South Hero, VT 363-4448, mjohnson@leg.state.vt.us. When we are in session messages may be left through the Sgt at Arms 1-800-322-5616.
Message from Montpelier
Ira Trombley
March 14, 2008
A hectic week under the dome as committees struggled to get bills passed out of committee before the crossover deadline. A bill which did not pass out of committee by Friday, would not have enough time for testimony in the second body.
H338 State Purchasing Code of Conduct, H636 Embezzlement by a Public Official, H641 Relating to Nursing Mothers in the Workplace, H875 Sale of Transmission Facilities, and H112 Protection of Health Care all passed on voice votes without audible nays. S108 Election of US Representative and Senator by IRV Method passed third reading on a roll call vote 77 to 60 with Rep. Mitzi and Rep. Ira voting with the majority.
Tuesday will be a busy day with over 30 bills on the calendar.
The Legislature is attempting to help the economy and housing shortage through H863 Creation and Preservation of Affordable Housing and Smart Growth Development. This historic bill strikes a balance between the need for more housing and respect for community values. In areas where communities want development it offers, tax incentives, relaxes development restrictions while adhering to smart growth principles which ensure our natural resources are protected. The balanced approach is reflected in 5 elements:
New houses and apartment creation for all income levels
Incentives and eased state permit rules in community centers
Protects Vermont’s rural character
Ensures apartments meet basic health and safety standards
Property transfer tax reduction for affordable home buyers
The central feature of the bill is that communities which have infrastructure and zoning and a village, town, downtown or growth center may designate a Vermont Neighborhood which will utilize the streamlined permitting process.
H.863 has passed General, Housing and Military Affairs, Natural Resources, Ways and Means and Appropriations.
Rep. Mitzi and the Appropriations committee have been trying to solve the budget dilemma. The Governors budget cut state aide to town roads and bridges. The Appropriations Committee is working to restore 19 million dollars for town bridges and roads. The Early Childhood supporters besieged the State House Friday. Their budget was zeroed out. They would like the Legislature to restore their budget. This may be an impossible budget year.
Thursday, March 20 the House and Senate vote on the retention of six judges.
There will be a Public Hearing on the funding of the Dept. of Fish and Wildlife (H543), 5pm to 7pm Room 11 of the State House on Thursday, March 27.
Please do not hesitate to contact your representatives for Grand Isle County and West Milton, Rep. Ira, 372-4030, 94 Pearl Street, Grand Isle, VT, itrombley@leg.state.vt.us and Rep. Mitzi, 363-4448, PO Box 144, South Hero, VT, mjohnson@leg.state.vt.us
Message from Montpelier
Ira Trombley
February 29, 2008
The race to town meeting heated up in Montpelier as long days were put in on the floor passing bills. H709 An Act Relating to Campgrounds, H806 Relating to Public Water Systems, H864 Miscellaneous Amendments to the Education Law, H870 Regulation of Professional Occupations, H873 Clean Up of Lake Champlain, H859…Reducing Recidivism and Corrections Costs, H352 Reducing Lead Hazards in Housing, H867 Insurance Plan for Athletic Trainer Service, H135 Age for Participation in Corrections Education, H432 Establishing Juneteenth as National Freedom Day, H775 Low-Profit Limited Liability Companies, H856 Relating to Vermont Milk Commission, S257 Medical Coverage for Naturopathic Physicians, S351 Consolidating Management of Public Records, H644 Relating to Unemployment Insurance, JRH Electronic Payment Interchange Rates Assessed, and JRH 45 Repeal Planned Competitive Loan Auction Pilot Program all passed third reading in the House this week. When a bill passes third reading it goes to either the Senate or the Governor. Rep. Johnson and Rep. Trombley voted with the majority on all these bills.
The long awaited affordability and energy bill S209 passed. The bill was already passed by the Senate. S209 has gone to the Governor for signature or veto. He has said he supports it.
H864 miscellaneous amends to the education law had some changes made at second reading. An amendment was inserted to replace the 2 vote mandate for school budgets with tighter thresholds. There was much debate at second reading including a roll call vote. The bill did pass 99 to 38. Rep. Mitzi and Rep. Trombley voted with the majority.
H352 Reducing Lead Hazards in Housing also had a roll call at second reading. This bill tries to prevent lead poisoning in children. The bill passed 86 to 50. Those voting against the bill appeared to want to increase the budget for lead housing inspections by $250,000. Two of these attempted amendments were withdrawn. This is a very tight budget year. The Vermont Health Department gets about $440,000 (most of which comes from federal grants) to manage a lead safety program. It is expected that the Health Department will report to the legislature in 2009 if they need more funding.
The Ways and Means Committee has put together a proposal to switch the school property tax to an income tax. This bill is being offered as an information item without support to pass it. The House Ways and Means Committee will host a public hearing on H866 Education Adjusted Gross Income Tax and an alternative proposal H869 LEAF on Thursday, March 13, 2008 in room 11 of the State House from 6 pm to 8 pm.
Funding the Department of Fish and Wildlife H543 will be the subject of a hearing Thursday, March 27, 2008 from 5 pm to 7 pm in room 11 of the State House. The Committee of Fish and Wildlife and Water Resources is hosting this hearing.
The Islands Chamber of Commerce will host a legislative breakfast at the Chamber of Commerce Office in North Hero on Saturday, March 15 from 9 am to 10:30 am
We attended the North Hero Town meeting Wednesday. We anticipate seeing you in South Hero and Isle La Motte on Saturday. We will also be at the Milton, Grand Isle and Alburgh town meetings Monday night.
Please do not hesitate to contact your representatives for Grand Isle County and West Milton, Mitzi Johnson, PO Box 144 , South Hero, VT, 363-4888, mjohnson@leg.state.vt.us, and Ira Trombley, 94 Pearl Street, Grand Isle, VT 372-4030, itrombley@leg.state.vt.us
Legislative Update
Ira Trombley
January 14, 2006
The sentence Judge Cashman levied on Mark Hulett has been the talk of the town, the state and the nation. We should first feel compassion for the victim, and the family and friends of the victim. Innocence should not be lost through horrendous crime. Can you imagine how they all feel when they hear about the case on local, state and national talk shows. We need to ensure that the victim and their family receive compassion, caring and concern.
I feel this was a bad sentence for such a horrible crime. Judge Cashman is the only one that can defend his actions and his statements. However, let me set out the facts, as best I can decipher them.
Judge Cashman issued a “Reconsideration Sentence Order”. Judge Cashman describes the sentences as ”…aggregate to a formal combined sentence of not less that 5 years 60 days, nor more than life imprisonment.” The convictions in the case read as follows,
“Count 1: Aggravated Sexual Assault on a Child Sentence: 60 day to 10 years to serve”
“Count 2: Aggravated Sexual Assault on a Child Sentence: 3 years to life Probated under sexual offender treatment conditions and consecutive to count one.”
“Count 3: Lewd and Lascivious Conduct 2 years to 5 years Probated and Consecutive to count 1 and 2.”
The consecutive sentences mean, that first one is served, and then the next, and then the next. Basically you add the years together. I read the total combined sentence as 60 days mandatory jail time, 5 years of jail time or probation as determined by the court, 15 years maximum and then life. Life is often thought of as 99 years.
The Department of Corrections Sex Offender Treatment Team rated Mr. Hulett as a “low risk offender” The low risk offender would not get treatment while in prison.
Judge Cashman in his Reconsideration order states “At sentencing the Court viewed the defendant as a dangerous man, likely to engage in future crime unless he has proper and timely treatment.” Judge Cashman relates he “…imposed …a lifetime sentence, sought to ensure public safety should Mr. Hulett fail or refuse treatment. Many conditions of parole are listed, including; no contact with the victim or anyone connected to the victim, a curfew, may not be around children, may not use alcohol or drugs, and must engage in treatment. All together at least 22 conditions.
Agency of Human Services Secretary Mike Smith indicated that the Corrections will provide Mr. Hulett counseling. I hope that Mr. Cashman will reconsider the sentence and increase the minimum to an amount appropriate for the crime.
My recollection is that Judge Cashman was elected as a prosecuting attorney in the Islands. He was appointed to the bench by Gov. Snelling. He had a reputation of demanding long sentences.
There has been much discussion of civil commitments. I believe that Gov. Douglas has said that civil commitment would apply to 9 dangerous people in the jail system. Mr. Hulett is not one of them, Corrections classified him as “low risk.” The “life sentence” does provide supervision for about 99 years. Any violation of the conditions of parole, could result in return to jail.
The legal and policy issues that the Judiciary Committee is taking up include, pre-sentence investigations, sentencing guidelines versus mandatory sentencing, judicial misconduct, civil commitment, judicial retention standards and much more.
The legislature passed H.593 the Education Property Tax Adjustment. The rates are set at $.99 for residential and $1.48 for commercial properties.
We also passed H.646 which creates a special investigative unit for sex crimes.
Representative Johnson and I have both joined the new Small Business Caucus.
Please do not hesitate to contact your legislators for Grand Isle County and West Milton, Ira Trombley 94 Pearl Street, Grand Isle, VT 05458, 372-4030 itrombley@leg.state.vt.us and Mitzi Johnson, P0 Box 144, South Hero, VT 05486 363-4448 mjohnson@leg.state.vt.us