Crossover Summary

On a resounding voice vote after two days of debate, the House gave final approval on Friday to H.66 which creates a paid family medical leave insurance program. This program will provide Vermonters up to 12 weeks of paid family and medical leave with 90% pay and job protections in place to ensure employees can return to work. This bill meets a variety of diverse needs by creating paid leave in the following circumstances:

Family care
Parental leave
Worker’s serious health condition
Safe leave
Bereavement leave
Military exigency leave

This program is a crucial step to meet the diverse needs of Vermont workers and ensure the availability of job protected, paid leave. The job protection provisions promote workforce retention because employees are guaranteed the ability to return to their workplace after taking leave.

The House gave final approval to H.89, known as the “Shield Bill.” The bill provides protections for patients and providers from prosecutions and investigations by states that have banned or restricted reproductive and gender-affirming care that is legal in Vermont. It also provides some protections for out-of-state patients receiving this care from Vermont providers.

The Shield Bill reinforces the legislature's ongoing efforts to protect safe access to reproductive and gender affirming care for Vermonters at a time when these essential and personal health care choices are under attack in many states across the country. With the passage of Proposition 5 in November, Vermonters overwhelmingly demonstrated their support for enshrining reproductive liberty as a constitutional right. The legislature has also recognized the right to gender-affirming health care and stated a commitment to ensuring that transgender youth and their families are safe to make the best decisions for themselves, in consultation with their health care providers.

In spring 2018, the U.S. Supreme Court (Murphy v. NCAA) lifted a federal ban on the activity of wagering on live sports. Previously, only Nevada was permitted to do so. Since then, 36 states have legalized the activity or have passed legislation preparing to do so, with seven more considering legislation to legalize. New York and New Hampshire already have legal mobile sports betting, and Massachusetts is set to launch its legal sports betting as early as March 2023.

Last biennium, our colleagues in the Senate proposed a study of the implementation, impacts, and potential revenue streams of this form of gaming. The House concurred and this fall the study committee began its work, meeting 12 times and issuing a report in mid-December. The Sports Betting Study Committee voted unanimously in favor of the legalization and implementation of a legal sports wagering marketplace in Vermont.

Why is Vermont looking to take this step? Here are a few considerations:

Sports betting is illegal in Vermont but legal in neighboring states. Data from Geocomply, which monitors the activity of legal mobile sports betting platforms in New York, showed more than 139,000 attempts by Vermonters to log on to New York platforms — from 16,000-plus accounts in a six-month period — as well as hundreds of Vermonters who could be tracked traveling to NY to place bets.

While difficult to track, it is estimated that thousands of Vermonters engage in illegal online sports-betting, typically on off-shore sites, with no consumer protections, responsible gaming protocols, or cybersecurity.

This bill will not allow in-person betting (i.e, no casinos, etc). Instead, it addresses online/mobile gaming, which currently represents the biggest and fastest-growing venue for sports betting. Many of the platforms that are legal in neighboring states already advertise on TV, podcasts, radio, and other platforms that bleed over into Vermont.

Right now, Vermonters can use the most popular apps, like DraftKings and FanDuel, to engage in Fantasy Sports leagues (but cannot use these apps for betting). While these “games of skill” are one step removed from betting on specific sporting events, they are similar in many ways to wagering on individual outcomes on app platforms run by the same companies that run sportsbooks in NY and other states.

Advocates in favor of legalizing and regulating sports wagering say:

Pull the activity away from illegal sites that have no consumer protections, responsible gaming checks, or financial data security.
Regulate, monitor, and capture revenue.
Let adults make adult decisions about how they recreate, including placing responsible limits on daily, weekly, and monthly betting or self-excluding (locking yourself out) of betting altogether.
Unregulated gaming sites pose a danger to consumers (hacking, identity theft, etc.).
Implement and fund programs for the education, treatment, and prevention of problem gambling.

The proposed operational model has the Department of Liquor & Lottery will oversee no less than 2 and no more than 6 licensed sites. The framework for the regulation, operation, and taxation will be codified in statute. Operators will not be allowed to promote “risk free” promotional bets or advertise to minors under 21.

There will be many safeguards in place:

Minimum age to participate is 21.
Stringent ID verification process when opening an account.
The use of credit is barred. Accounts may be linked with debit cards (not credit cards).
Pop-up notifications on time played/hours of use and how to contact problem gaming resources. Detailed standards around wagering, odds making, promotions and redemption requirements (cashing out).
Nationally integrated self-exclusion list, so that consumers can voluntarily lock themselves out of all of the legal mobile sportsbooks with ease.
Advertising to those under 21, and product placement on college/university campuses, is banned.
The Department of Mental Health will operate the education, treatment, and prevention component. Five percent of the state’s revenue from wagering will fund these efforts with a floor of $250k in the first year and $500k in the second year and beyond.

For me, I really wish that sports betting didn't exist. And since right now Vermonters are participating in an illegal market without safeguards, I think this proposal offers a way to regulate the market, provide more protections and put more resources into support for problem gambling. For all these reasons, I will be supporting the bill.

H.158 updates Vermont’s fifty-year-old bottle bill in a number of critical ways. The bill:

• Expands the redeemable list to include plastic water bottles, sports drinks, and wine and hard cider bottles and cans. Globally, plastic waste is expected to triple by 2060. Meanwhile, plastic water bottles that are “put in the blue bin” cannot be recycled into new plastic water bottles (due to content standards for food packaging and contamination issues). In fact, deposit plastic is worth two times what curbside recycled plastic is worth. Expanding what is redeemable means more material is recycled back into its original purpose – to beverage containers. This expansion saves natural resources, and it reduces energy demand and waste.

• Provides more funding for redemption centers by increasing the “handling fee” and reducing the number of “sorts.” Inflation has driven costs up for everyone – including redemption centers. These two actions will support and drive efficiencies at redemption centers.

• Funds additional, and more conveniently located, redemption resources and centers across the state.

• Reduces the amount of plastic and glass waste in our landfills.

• Focuses the responsibility of waste management on the creator of the product by requiring that beverage manufacturers and distributors collaborate in a stewardship program overseen by the Agency of Natural Resources.

The modernization and expansion of Vermont’s bottle bill program is strongly supported by Vermonters around the state, and this week's work moves these important updates forward!

House Passes Bill to Establish a Permanent Universal School Meals Program. H.165, a bill to make the currently operating universal school meals program a permanent program in Vermont schools. For the past three years, Vermont students have benefited from a universal school meals program that provides a healthy, nutritious breakfast and lunch during the school day to all students. Universal school meals eliminate hunger and erase stigma in our schools by ensuring that two healthy meals are available to all hungry students. Under the old pre-pandemic program, not all food-insecure students qualified for free or reduced price school lunch because the existing federal income thresholds were too low to meet the existing need. As many as 40% of children living in food insecure households did not qualify for free school meals under the old model.

Numerous studies have confirmed the academic and health benefits of a universal school meals program. One study by the Center for Policy Research in New York City found that a universal school meals program improves performance in both math and English language arts by up to 10 weeks of learning. A University of Vermont study also found that universal school meals programs were associated with “improved readiness to learn among students overall.” Beyond academic performance, universal school meals improve students’ mental health, reduce instances of both anxiety and depression, and reduce visits to the school nurse.

The pandemic exposed the cracks in our current systems of support around food insecurity. Vermont’s universal school meals program has been up and running successfully for three years, it is effectively serving the needs of students, and school food service directors and teachers overwhelmingly support continuing it. Food for hungry students is about more than just nutrition, universal school meals also promote community building and belonging for students.

H.230, a suicide prevention bill, approaches Vermont’s high rate of suicide as a public health crisis, and it implements several critical, data driven measures to prevent suicide by reducing access to lethal means, specifically firearms.

Vermont’s rate of suicide is 35% higher than the national average, and each year nearly 60% of suicides are completed with a firearm. It is extremely rare for someone to survive a suicide attempt in which a firearm is used, and this is why this bill focuses on this particular means of harm reduction by requiring the following:

Secure storage of firearms - the firearm must be kept separate from ammunition and in a locked container that is equipped with a tamper resistant lock or other safety device when a child or prohibited person is likely to gain access to the firearm. (There are practical exceptions for personal carry or when a firearm is kept within close proximity.)
A 72-hour waiting period for firearms transfers - transfers cannot take place until 72 hours after a licensed dealer is provided with a transfer identification number or 7 business days have passed since a background check was initiated.
This bill also expands access to the process for obtaining extreme risk protection orders to those who are in the best position – family or household members – to know if someone is a danger to themselves or others.

H.479, the annual transportation bill, passed on a roll call vote of 100-39. The “T-Bill” funds the entirety of the Agency of Transportation’s budget for the upcoming fiscal year in an amount of $880,976,461. This year’s T-Bill will make significant investments in our roads, bridges, and rail infrastructure throughout the state. It also includes policies and investments to help us reduce greenhouse gas emissions by helping Vermonters transition to more fuel efficient vehicles, to support public transportation, and to build more infrastructure that facilitates walking, biking, and public transit options throughout the state.

The issue of climate change, and what we must do to reduce our greenhouse gas emissions, is one of the most pressing challenges facing us today. Over 40% of Vermont’s carbon emissions come from our transportation sector. Over the past several years, Vermont has been working to proactively develop a 21st century transportation system that is clean, accessible, and affordable. The 2023 T-Bill reflects that important work.

This year’s T-Bill reflects the considered use of Vermont’s influx of federal dollars, specifically the Infrastructure and Jobs Act (the bi-partisan infrastructure law passed by Congress in 2021).

H.480, an act relating to property valuation and reappraisals. I appreciate your questions and understand your concerns. Here’s a bit more about what the bill does and why we’re doing it:

This bill begins a multi-year project with the Department of Taxes, town clerks, listers and assessors to address the strains in our current appraisal system and to create equity and consistency in our grand lists by shifting the responsibilities for property reappraisal from local towns to the state Department of Taxes.

It’s been more than a decade since half of Vermont's municipalities have conducted a reappraisal. The wild fluctuations of the housing market of the past few years has strained our property reappraisal systems. The state adjusts for out-of-date property values using the common level of appraisal, or CLA, which adjusts property owners’ tax bills to more accurately reflect a property’s value. Reappraisals are triggered when the state determines that the property values on a town’s grand list no longer accurately reflect what properties are selling for. The vast majority of towns are now under a reappraisal order and due to limited availability among local assessment firms, they are struggling to hire reappraisal firms to complete the work in a timely manner.

As our Ways & Means Committee dug into these issues, we discovered that few other states in the nation conducts reappraisals at the town level. Most conduct reappraisals at the county or state level with appraisals conducted on a rolling schedule. Given that property taxes in Vermont are raised at the state level, we need consistency, clarity, and equity in our grand lists. It’s clear that we have an opportunity to step back, assess our current system, and design a new model that brings more support and consistency to the maintenance of our grant list.

This bill requires that the Department of Taxes prepare a written plan and progress report on the implementation of a new statewide system of reappraisals. The Commissioner of Taxes will determine a reappraisal schedule for each municipality’s grand list, whether to conduct or contract with appraisers to conduct statistical reappraisals on a regular schedule and full reappraisals every 6 years. The department will also recommend a process for appealing property valuations and to integrate and clarify the relationship between our grand lists and our tax designations of homestead and non homestead.

The bill strikes the CLA trigger for PVR to order reappraisals but retains the trigger for reappraisals if COD is greater than 20. CLA will still be calculated each year during the department’s equalization study for the purpose of adjusting tax bills, bu since the appraisals will occur on a regular basis, the CLA no longer will need to act as a trigger- the COD, which is a measure of consistency within property values and types in a town, is a better indicator of a problem.

While Tax is developing its recommendations for a new system, we’ll continue with the reappraisal process under current law. In order to support municipalities in the continued day to day maintenance of the grand list, the bill increases the State per parcel fee paid to municipalities for assistance with the equalization study from $1 to $2 per grand list parcel.

This bill will help address workforce issues by working with contracted assessors on a rolling schedule in a way that brings coordination amongst municipalities and an efficiency of scale that our current system lacks.

After the full implementation of the Department of Tax recommendations, the Division of Property Value and Review will take on reappraisals for all municipalities in the State by July 1, 2026.

We need to move toward something that is more steady, more reliable, that people have more confidence in, and this is a step in that direction. The goal of the bill is to ensure that responsibilities and resources were well matched, consistency and equity were prioritized, and we can come out the other side with a grand list that supports modern tax policy.

House gave its final approval to H.483, a bill impacting public tuition and independent schools. Many in the area have been following legislative discussions since two identical bills, S.66 and H.258 were introduced earlier in the session, first in the Senate and then in the House. H.483 is not law; it will head to the Senate and could go in any number of directions, or it could go nowhere.

If H.483 doesn’t go anywhere and never sees the governor’s desk, there are still big changes in store for independent schools not in compliance with Act 173 and State Board of Education 2200 rules. Together, Act 173 and 2200 rules require all independent schools to provide special education services and adopt anti-discrimination policies for all protected classes.

To be clear, H.483 is a dramatically different bill than S.66/H.258. As introduced, S.66/H.258 would have restricted a district to designating only three schools for public tuition and most importantly would have eliminated public tuition to every independent school in Vermont, by statute or institutional choice. We would have lost every aspect of school choice and access to independent schools which have served our children and community for a very long time.

H.483 is not a do-nothing bill. It makes many changes to the public tuition system as it relates to independent schools, but it will not affect most independent schools in our area because they are already in compliance.

Generally, H.483 prohibits all independent schools that accept public tuition from being selective in their admissions process. Also, public tuition revenues may not be used to subsidize private pay students. Finally, public tuition students in independent schools may not be charged for academic materials or fees. As I said earlier, there is already a high degree of compliance before H.483. For most independent schools it will be business as usual – providing an excellent education to our children. A few schools will need to adjust; they have until July 1, 2024, to do so.

In the simplest of terms H.483 prevents an independent school accepting public tuition from discriminating because of academic ability, ability to pay, or using public tuition to subsidize private pay students.

Creates a task force to assess our school construction needs and develop a plan of action. It also pauses PCB testing in schools until after that plan has been completed, and unlocks funding that has been reserved for PCB remediation for school districts that have been already identified.

H.492, the annual yield bill, fully funds Vermont's PreK–12 education system and reserves $22 million in the Education Fund to offset property tax rates in FY 2025. This bill sets the homestead and nonhomestead property tax rate for FY24. Despite strong statewide growth in education spending, the yield bill projects an average homestead tax rate of $1.388, keeping the rate stable

House approved the state's two-year Capital Bill, H.493, which funds long-term major maintenance and construction to state-owned and leased buildings and infrastructure totaling $122 million in bonded dollars and $49 million General Fund dollars. Such investments provide an economic boost to the state economy and improve services for Vermonters. The Capital Bill directs money to our communities across Vermont and is an economic driver that employs contractors, tradesworkers, architects, roofers, and other building trades professionals.

Here's a snapshot of some of the projects in the works:

• $18 million: state office buildings, courthouses & facilities

• $29.5 million: clean water issues

• $15.5 million: mental health and correctional facilities

• $8.4 million: Vermont State Park System

• $12 million: UVM & Vermont State Colleges

• $2.3 million: clean drinking water supply

• $4.2 million: Building Communities Grant Program

House gave final approval to H.494, the FY24 State of Vermont budget, on a vote of 111-38. The budget totals a record $8.53 billion, and it reflects the values, priorities, and needs of Vermonters across our state.

H.494 represents months of intensive work by the House Appropriations Committee. It reflects input and testimony from state agencies and community partners, fiscal experts, all relevant House policy committees, and many Vermonters who attended public forums, testified and submitted letters.

Highlights include:

• $134.5 million in housing investments, including opportunities for greater access to workforce housing, permanent housing for those currently in the hotel/motel program, and funding for the rehabilitation of apartments bringing more rental units online

• $70+ million to support the child care and early education bill, which seeks to provide quality, affordable child care to Vermonters across the state

• $37 million for universal paid family medical leave insurance, providing Vermonters with up to 12 weeks of paid leave

• $43+ million in workforce development initiatives

• $46 million in Medicaid rate increases to support EMS, primary care, home health, mental health and substance use disorder, and foster care providers

• Investing $1.15 million into the Department of Mental Health, allowing for a mental health mobile crisis unit to provide rapid responses

• Provides $1 million for refugee resettlement assistance, ensuring that new Vermonters are provided with opportunities to find work that best suits them

• Providing $1 million to support Older Vermonters through Meals on Wheels, ensuring our vulnerable generations

• $1 million for the Vermont Foodbank to support Vermonters facing food insecurity

H.66, Paid Family & Medical Leave

H.89, the Shield Bill

H. 127, the Sports Wagering Bill

H.158, the Bottle Bill

H.165, the Universal School Meals Bill

H.230, a Suicide Prevention Bill

H.479, the Annual Transportation Bill

H.480, the Statewide Reappraisal Bill

H483, the Independent School Bill

H486, the School Construction Bill

H.492, the Annual Yield Bill:

H.493, the Annual Capital Bill

H.494, the Annual Budget Bill

Vote on S.5

Town Meeting Day Report 2023